§ 74

Citation: § 74
Parent Document: 55 Oak Street LLC v. RDR Enterprises, Inc., 275 A.3d 316 (2022)
Jurisdiction: Maine (state)
Effective Date: 2022-05-24
Original Source: https://www.courtlistener.com/opinion/6471241/55-oak-street-llc-v-rdr-enterpr... ↗

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bankruptcy court’s decision in In re Hitz Restaurant Group, 616 B.R. 374, 378-79 (Bankr. N.D. Ill.
2020). The approach taken in Hitz is an outlier and has not been followed elsewhere. See Timothy
Murray, Corbin on Contracts: Force Majeure and Impossibility of Performance Resulting from COVID-19
§ 1.03[2][B], [2][D], [3][B]; Robyn S. Lessans, Comment, Force Majeure and the Coronavirus: Exposing
the “Foreseeable” Clash Between Force Majeure’s Common Law and Contractual Significance, 80 Md.
L. Rev. 799, 815 n.151 (2021). Compare Hitz, 616 B.R. at 378-79, with In re Cinemex USA Real Est.
Holdings, Inc., 627 B.R. at 701 & n.17 (concluding that a theater’s decision not to open due to economic
concerns created by the COVID-19 pandemic did not excuse the theater’s nonperformance under the
doctrine of frustration of purpose). The proceedings in Hitz also occurred in the context of a
preliminary bankruptcy proceeding and not in the FED context, and, as such, the case is not entirely
apposite. See Hitz, 616 B.R. at 380.

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