· 8/31/2016
Roberts v. Gwinnett County
Citations
- 225 F. Supp. 3d 1400
- 2016 U.S. Dist. LEXIS 188480
- 2016 WL 7888043
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that the force majeure clause in the parties’ contract operated as an affirmative defense to bar plaintiffs’ breach of contract claim against defendant
- recognizing that the force majeure clause in the parties’ contract operated as an affirmative defense to bar plaintiffs’ breach of contract claim against defendant
- holding a force majeure clause that specifically identified a \power failure\ as a circumstance that would excuse performance
- noting that the doctrine of force majeure can excuse a contracting party's performance when an unforeseen event makes that party's performance impossible or impracticable
- “A force majeure clause must be construed, like any other contractual provision, in light of ’the contractual terms, the surrounding circumstances, and the purpose of the contract.’”
Source: CourtListener parenthetical corpus (CC0).
Judges: Totenberg
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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