Nowadays, more and more companies face an unusual degree of uncertainty about contractual performance as a result of the COVID-19 pandemic. In this context, contracts are more often being suspended or terminated for force majeure reasons. However, it is worth noting that parties in the US can rely on the doctrine of adequate assurance, which allows them to regain some certainty by demanding adequate assurances of performance before a breach of contract even occurs. Although the doctrine of adequate assurance as such does not exist in Latin America, in this briefing (written in Spanish) we explain how the doctrine of adequate assurance works, and we explore similar concepts available under argentine law and international law (CISG and UNIDROIT principles).
May 21, 2020
More posts by the authors
Recent posts from Freshfields Risk & Compliance
As a free user, you can follow Passle and like posts.
To repost this post to your own Passle blog, you will need to upgrade your account.
For plans and pricing, please contact our sales team at firstname.lastname@example.org