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Commercial Law

Friday, March 19, 2021

The Caffé Nero Decision's Impact on Commercial Leases


When Governor Charlie Baker prohibited restaurants from letting customers eat or drink indoors and ordered the temporary closure of “non-essential” businesses via Order No. 13 on March 23, 2020, it was known that there would be extensive implications of that decision for many businesses.  Some businesses have shuttered completely while others have successfully launched profitable curbside or take out businesses.  One issue that was not addressed in March of 2020 was what are the rights and responsibilities for landlords and tenants of commercial leases.  It took nearly a year, but the first major decision surrounding the issue was made on February 8, 2021.
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Thursday, March 26, 2020

Force Majeure Provisions & COVID-19


On March 11, 2020, the World Health Organization declared the novel coronavirus (more commonly known as COVID-19) to be a pandemic.  For many Americans, this was their first experience with a disease that had a power to disrupt life on such a global scale.  Many of us had watched movies such as Contagion or Outbreak, and thought those we were scary, but unlikely, stories.  In the world of commercial and contract law, there is a term of art that is often thrown about but not very often utilized: force majeure.

A force majeure event involves an occurrence which is outside the reasonable control of a party and which prevents a party from performing his, her, or its obligations under an otherwise valid contract.
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