· 3/6/1990
Commonwealth Edison Co. v. Allied-General Nuclear Services
Citations
- 731 F. Supp. 850
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that because the parties “spelled out the circumstances” that would fall under a contract’s force majeure clause “with considerable specificity,” it “is the contract, rather than a body of judicial doctrine, that I must interpret”
- noting that force majeure clause supersedes the common law doctrine of impossibility or impracticality
- noting that the concept of “impracticability” falls under the doctrine of “impossibility”
- “including in the contract a standard, boilerplate, catch-all force majeure provision ] 'invokes a body of common law doctrine that is largely indistinguishable from the doctrine of impossibility (or impracticability) ... ”
Source: CourtListener parenthetical corpus (CC0).
Judges: Posner
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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