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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Imagine being the lawyer having to argue that it is both impossible to perform the contract and it was unexpected and beyond a reasonable person's foresight in July when they entered into the amended agreement that fans may not be in the seats in January during the widely predicted second wave of Covid. The NHL will have to track down top of the line legal counsel like Gulliani and Powell to make that argument.