Virginia Power Energy Marketing, Inc. v. Apache Corp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “The party seeking to excuse its performance under a contractual force majeure clause . . . bears the burden of proof to establish that defense.”
• “As we interpret the parties’ contract, including the force majeure provisions, our primary concern is to determine the parties’ intent.”
• “[N]either party shall be liable to the other for failure to perform a Firm obligation, to the extent such failure was caused by Force Majeure.”
• “The scope and effect of a ‘force majeure’ clause depends on the specific contract language, and not on any traditional definition of the term.”
• “Seller and Buyer shall make reasonable efforts to avoid the adverse impacts of a Force Majeure and to resolve the event or occurrence once it has occurred[.]”

Source: CourtListener parenthetical corpus (CC0).