Quote:
Originally Posted by Makarov
I don't even agree with that. Force majeure clauses are based on impossibility (not difficulty or unprofitability) of performance of one's contractual obligations (in addition to, as you rightly point out, such impossibility being due to unexpected and beyond reasonable human foresight and skill). Is it impossible for the NHL to fulfill its contractual obligation to have a 2020-21 season? That probably depends on the specific CA language which describes the obligation. However, I suspect it will be a very tough case to make for the NHL.
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I agree and I probably should have used the words “some cases” rather than “most cases” but I suppose that’s why you’re the law talking guy and I just run the self scan checkouts at the local Walmart.
