Non-performance Related to the COVID-19 Crisis Under UCC Articles 2 and 9 and the CISG

June 4,  2020

Each presenter will discuss issues related to nonperformance caused by the COVID-19 crisis.  Enforcement of contracts and security interests can be challenging during a pandemic.  Parties may not be able to fulfill their contractual obligations.  It can be difficult to collect receivables in a commercially reasonable manner and conducting a commercially reasonable disposition under UCC Article 9 can be nearly impossible.  The presenters will discuss issues involving impracticability, frustration of purpose, and force majeure clauses under UCC Article 2, Material Adverse Effect clauses and enforcement of security interests under UCC Article 9, and issues with contracts under the CISG including force majeure clauses, the excuse of impediment, and how to deal with delays of cargo because of the COVID-19 lockdowns.

Panelists:

• Candace M. Zierdt (moderator), Stetson University College of Law, Gulfport, FL
• Jennifer Martin, St. Thomas University School of Law, Miami, FL
• Martin Davies, Tulane Law School, New Orleans, LA
• Stephen Sepinuck, Gonzaga University School of Law, Spokane, WA

Presented by: Uniform Commercial Code Committee

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