Angela Swan on COVID-19 and Force Majeure
On this episode of Stereo Decisis, Oliver Pulleyblank, Hilary Young and Robert Danay are joined by Angela Swan, who was recently described as "nothing short of a venerated celebrity in both Canadian contract law and the Canadian legal community at large."
Angela brings her decades of experience and expertise to discuss COVID-19 and contractual clauses such as force majeure and material adverse event/change. In so doing, she mentions Akorn, Inc. v. Fresenius Kabi AG - No. 2018-0300-JTL, 2018 Del. Ch. LEXIS 325 (Ch. Oct. 1, 2018), which is one of the only cases in which a court actually found that a material adverse change clause was properly invoked by a party to a contract.
In obiter dicta, Hilary recommends a podcast called My Dad Wrote a Porno, Oliver recommends the Raven DeBriefs podcast and Rob recommends a Netflix documentary called Circus of Books.
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