In January, the Social Law Library sponsored the Business Litigation Session 2021 Year in Review. The panel included Judge Kenneth Salinger, the BLS Administrative Justice, as well as.
In the two years since the outbreak of the COVID-19 pandemic and Governor Baker’s first related restrictions on businesses, many landlords and tenants have begun litigating the effect of such events on their commercial leases. Although similar cases are moving through the courts of other states, Massachusetts has been at the forefront of analyzing whether .
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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
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.
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The Property Line is a brief and lively discussion of the
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A Wake Up Call For Commercial Landlords: Caffé Nero and
Frustration of Purpose
Old common law doctrines are not dormant and may enable tenants
to avoid the payment of rent due to government shutdown orders
during the pandemic. As more cases are tried, a jurisprudence
regarding these doctrines and their applicability to the pandemic