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Contracts in Crises: Excuse Doctrine and Retrospective Government Acts

Richard E. Speidel




[PDF.wn36] Contracts in Crises: Excuse Doctrine and Retrospective Government Acts

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 | #5504169 in Books |  Carolina Academic Press |  2007-06-30 | Original language:English | PDF # 1 |  8.75 x6.00 x.75l,1.20 | File type: PDF | 326 pages

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|| |Speidel's [book] is a prescient and relevant text, which provides a unique legal perspective on contractual defenses and which has particular applicability to the contractual fallout that will inevitably occur after the proposed governmental 'resolution' of th

Government frequently responds to crises (like 9/11 and Hurricane Katrina) with laws that have retrospective effects on existing contracts. Because these laws are usually constitutional, the promisee has no claim against the government. The promisor, however, will probably obtain an excuse from the contract because performance is now either illegal or impaired by government acts or orders. The promisor is in what can be called "the Zone of Coercion"; If excuse is granted...

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