Interpretation of Force Majeure Provisions in Other States
Like courts in California, New York courts narrowly construe Force Majeure provisions. In general, the Force Majeure event must be specifically stated in the agreement. Unless a Force Majeure event is specifically stated spelled out in the agreement the Force Majeure provision may not entitle a contracting party to be excused from performance, even if the provision contains broad or catch-all language.
Delaware courts largely have not interpreted Force Majeure provisions, though it appears that they follow typical contract interpretation principles by looking to the plain meaning of the Force Majeure provision. This suggests that interpretation will align with the California and Delaware courts favoring excuse of performance only when a Force Majeure event is specifically identified in the agreement.
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