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To print this article, all you need is to be registered or login on Mondaq.com. In a survey of cases in federal, state and bankruptcy courts, commercial tenants seeking to delay or excuse the payment of rent because of pandemic-related downturns in business sometimes looked to the equitable doctrines of frustration of purpose and impossibility for relief. Both of these doctrines allow for the argument that a default is excusable under circumstances that were unforeseeable to the parties at the time of the contract s formation. While commercial tenants sometimes use these doctrines in tandem, they are distinguishable in their underlying aims. The

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