PART 1

Think about this excerpt from a law360 article:

"Your contract is the starting point, but not the ending point," Markowitz said. "There are common law doctrines and statutory doctrines in the uniform commercial code, which may apply if you don't have a force majeure provision or may even supplement a force majeure provision in a contract."

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comment with at least one full paragraph in response

"Part 1

1. One common law doctrine is can contract remain a chose obligation.

One UCC doctrine is course of performance which pertains to parties that have repeated transactions for performance or service.

1. The common law doctrine of a contract being a chosen obligation involves the question can the duty be done without causing harm. In this case, it is a risk that a client could be harmed with the service provided in case the virus is unknowingly spread by an employee or client. This may would help a company trying to defend against breach of contract since they were not able to provide the service to due it possibly not being safe.

The UCC doctrine could hurt a company trying to defend itself against breach of contract because they do not have anything written in the contract about unforeseen circumstances for not being able to preform the service.

1. The common law doctrine hurts the victim trying to sue because it states in the doctrine that the contract does not apply if there is a possibility the business may cause harm.

The UCC helps the victim trying to sue because the company did not have anything in the contract stating unforeseen reason of why they could provide service."