Commercial Leases and Frustration of Purpose, Impossibility Defenses: Strategies for Landlords and Tenants
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will guide landlord and tenant counsel on contractual and common law defenses in breach of lease cases due to failure to pay rent. The panel will address recent case law regarding how courts have analyzed claims of frustration of purpose, impossibility, and other common law defenses.
Outline
- Contractual vs. common law defenses in commercial leases
- Force majeure
- Impossibility
- Frustration of purpose
- Commercial impracticability
- Notable recent state decisions
- Best practices
Benefits
The panel will review these and other relevant topics:
- What are the common law doctrines/defenses used in commercial landlord-tenant cases?
- How did the pandemic affect the evolution of case law related to certain contractual and common law defenses, and what are current cases demonstrating the viability of these defenses today?
- When must a tenant rely on the force majeure clause in a lease?
Faculty
MaryBeth Heydt
Senior Counsel
Husch Blackwell
Ms. Heydt has focused her real estate practice on transactions since 1999 and currently devotes a significant portion... | Read More
Ms. Heydt has focused her real estate practice on transactions since 1999 and currently devotes a significant portion of her time to representing banks in commercial real estate finance and workout transactions. She also represents developers, investors, owners, landlords, and tenants in purchase, sale, and leasing transactions in the commercial and corporate real estate sectors. Ms. Heydt has deep and broad experience with multifamily, industrial, retail, office, hospitality, gas station, convenience store, and quick service restaurant product types. She also advises clients on sale/leaseback and stalking horse transactions and has represented public entities in matters related to commercial real estate, public finance, and solar battery projects.
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Jeremy Y. Weltman
Shareholder
Ruberto Israel & Weiner
Mr. Weltman's wide-reaching litigation practice focuses on finding successful resolutions to his clients' legal... | Read More
Mr. Weltman's wide-reaching litigation practice focuses on finding successful resolutions to his clients' legal issues. He represents both individuals and companies across a range of industries including hospitality, real estate, construction, healthcare, restaurant, and retail. Mr. Weltman's direct civil and commercial litigation experience includes handling complex commercial and business litigation, employment litigation, Wage Act litigation, probate litigation, real estate disputes, construction matters, civil rights litigation including ADA accessibility, accommodation issues, and high impact class action work, municipal disputes, appellate advocacy, and other tort based litigation matters.
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Joshua Wurtzel
Partner
Schlam Stone & Dolan
Mr. Wurtzel’s practice focuses on high-stakes, complex commercial litigation and corporate governance disputes.... | Read More
Mr. Wurtzel’s practice focuses on high-stakes, complex commercial litigation and corporate governance disputes. He has successfully represented public and private companies and prominent individuals in both federal and state court. Through his focus on aggressive litigation and his ability to develop creative and novel solutions to complex disputes, Mr. Wurtzel brings a unique and out-of-the-box perspective to his clients’ most pressing legal needs.
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