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'Frustration' and 'Impossibility': Viable Defenses Amid the Pandemic?

As the COVID-19 pandemic and its accompanying economic fallout continue to unfold, commercial tenants have increasingly come to rely on the common law doctrines of impossibility of performance and frustration of purpose as defenses to the nonpayment of rent.

7 minute read January 01, 2021 at 12:03 AM
By
Warren A. Estis and Alexander Lycoyannis 
'Frustration' and 'Impossibility': Viable Defenses Amid the Pandemic?

As the COVID-19 pandemic and its accompanying economic fallout continue to unfold, commercial tenants have increasingly come to rely on the common law doctrines of impossibility of performance and frustration of purpose as defenses to the nonpayment of rent.

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