Oct. 19, 2026
COVID, Cyberattacks, War - Why Old Contract Templates Fail Now
Most contracts fail exactly when you need them most because of one clause everyone skips. If you sign supply agreements, leases, licenses, or financing documents, Thomas Braun shows why force majeure can save you - or quietly make you worse off if it is drafted badly. Thomas breaks down what happens when your contract has no force majeure clause at all, why the default legal doctrines in California, Delaware, and British Columbia are far narrower than most business people assume, and how today’s crises keep shrinking the safety net. From pandemics and cyberattacks to sanctions, war, port shutdowns, and supply chain shocks, he explains why “unforeseeable” is getting harder to argue with every new global disruption. You’ll discover:
• Why there is no such thing as an implied force majeure clause
• How impossibility, frustration of purpose, and commercial impracticability actually work
• Why a badly written clause can be worse than no clause at all
• The drafting traps that sink otherwise valid claims, including notice deadlines, narrow catch-all language, and hidden exclusions
• The specific checklist Thomas recommends for stronger protection, including suspension, extension, termination rights, mitigation, and a foreseeability waiver
He also compares real-world outcomes from COVID-era cases where one clause failed and another saved the party, proving that the words on the page decide everything. If your current template still looks like it did in 2015, you may be carrying far less protection than you think. Essential listening if you sign, review, or negotiate contracts and want to know whether your force majeure clause would actually work when the next disruption hits.
Thomas Braun is a dual licensed attorney in the USA and Canada with over 25 years of experience. www.braunlawcorp.com
#ForceMajeure #ContractLaw #BusinessLaw #ContractDrafting #RiskManagement
• Why there is no such thing as an implied force majeure clause
• How impossibility, frustration of purpose, and commercial impracticability actually work
• Why a badly written clause can be worse than no clause at all
• The drafting traps that sink otherwise valid claims, including notice deadlines, narrow catch-all language, and hidden exclusions
• The specific checklist Thomas recommends for stronger protection, including suspension, extension, termination rights, mitigation, and a foreseeability waiver
He also compares real-world outcomes from COVID-era cases where one clause failed and another saved the party, proving that the words on the page decide everything. If your current template still looks like it did in 2015, you may be carrying far less protection than you think. Essential listening if you sign, review, or negotiate contracts and want to know whether your force majeure clause would actually work when the next disruption hits.
Thomas Braun is a dual licensed attorney in the USA and Canada with over 25 years of experience. www.braunlawcorp.com
#ForceMajeure #ContractLaw #BusinessLaw #ContractDrafting #RiskManagement