Real Estate/Development,
Appellate Practice
May 6, 2020
The virus on appeal, part 2
Part I of this series (in Tuesday’s Daily Journal) discussed possible defenses to a commercial landlord’s claim for unpaid rent — unpaid due to the coronavirus pandemic. I examined the defense of impossibility of performance and frustration of purpose. I concluded that the latter probably has a better chance of success than the former.
Myron Moskovitz
Legal Director
Moskovitz Appellate Team
90 Crocker Ave
Piedmont , CA 94611-3823
Phone: (510) 384-0354
Email: myronmoskovitz@gmail.com
UC Berkeley SOL Boalt Hal
Part I of this series (in Tuesday's Daily Journal) discussed possible defenses to a commercial landlord's claim for unpaid rent -- unpaid due to the coronavirus pandemic. I examined the defense of impossibility of performance and frustration of purpose. I concluded that the latter probably has a better chance of success than the former.
In this column, I'll focus on the effect of government shutdown orders,...
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