Force majeure: contractual clauses, not frustration, govern relief and must be interpreted narrowly to allocate risk. The term force majeure protects parties from consequences of events beyond their control and is broader than vis major, encompassing strikes and machinery breakdowns when contemplated by the clause. Courts will not examine the subjective satisfaction of legislatures in declaring emergencies. In contracts, express force majeure clauses govern allocation of risk and are to be interpreted narrowly, with the doctrine of frustration serving as a separate, generally inapplicable rule where a contractual clause exists.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Force majeure: contractual clauses, not frustration, govern relief and must be interpreted narrowly to allocate risk.
The term force majeure protects parties from consequences of events beyond their control and is broader than vis major, encompassing strikes and machinery breakdowns when contemplated by the clause. Courts will not examine the subjective satisfaction of legislatures in declaring emergencies. In contracts, express force majeure clauses govern allocation of risk and are to be interpreted narrowly, with the doctrine of frustration serving as a separate, generally inapplicable rule where a contractual clause exists.
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