
What Constitutes a Breach of Contract?
A breach of contract occurs when one party fails to fulfill their contractual obligations without a valid legal excuse. In California, a breach can be:
- Material Breach – A significant failure that affects the contract’s core purpose.
- Minor Breach – A partial failure that does not completely undermine the contract.
- Anticipatory Breach – When a party informs the other in advance that they will not perform their obligations.
Common COVID-19-Related Breach of Contract Issues
Due to pandemic-related disruptions, many businesses and individuals faced:
- Canceled events and service agreements
- Supply chain disruptions preventing delivery of goods
- Business lease disputes due to shutdowns and lost revenue
- Employment contract issues, including layoffs and furloughs
Legal Defenses for Breach of Contract Due to COVID-19
1. Force Majeure Clause
- A force majeure clause excuses contract performance due to unforeseeable events beyond a party’s control (e.g., natural disasters, pandemics).
- If the contract includes a force majeure clause that specifically mentions pandemics, government actions, or public health emergencies, it may relieve the affected party from liability.
2. Impossibility of Performance
- Under California Civil Code § 1511, contract performance may be excused if it becomes physically or legally impossible to fulfill due to circumstances beyond control (e.g., government-mandated closures).
- Example: A venue contract for a wedding may be voided if government lockdowns prevented gatherings.
3. Frustration of Purpose
- If an unforeseen event destroys the main reason for the contract, a party may argue frustration of purpose.
- Example: A company rents office space, but government restrictions prevent any in-person business operations.
4. Negotiation and Contract Modification
- Instead of pursuing litigation, parties may renegotiate terms to accommodate pandemic-related delays.
- Courts generally prefer parties to attempt good faith resolutions before pursuing lawsuits.
Legal Remedies for Breach of Contract
If a breach occurs, the injured party may seek:
- Damages – Financial compensation for losses caused by the breach.
- Specific Performance – A court order requiring the breaching party to fulfill their obligations.
- Rescission – Canceling the contract and restoring both parties to their original positions.
COVID-19 led to unprecedented contract disputes, but legal defenses such as force majeure, impossibility, and frustration of purpose may excuse nonperformance in certain cases. If you are involved in a breach of contract dispute due to COVID-19, Law Advocate Group, LLP can help you evaluate your legal options and seek a fair resolution. Contact us today for expert contract dispute assistance.
