California Courts’ Interpretation of Force Majeure Provisions

In California, Force Majeure provisions are construed narrowly.  If the specific event is set forth in the agreement as a Force Majeure event, then it is likely that non-performance caused by the event will be excused.  However, even Force Majeure provisions specifically identifying the event at issue may have limited application (see the discussion below regarding “reasonable control”), as a party’s own contribution to the non-performance may limit the protections of a Force Majeure provision.

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