The Open Range Of Force Majeure In Texas

Law360, New York (April 4, 2011, 2:01 PM EDT) -- Contracting parties usually attempt to allocate the risk that one or both parties will not be able to perform as promised by including a “force majeure” clause in their contract. The most basic form of a force majeure provision allows a party’s performance to be excused if it is prevented or delayed by reasons not within the reasonable control of the party claiming excuse and which were not foreseeable at the time of contracting.

Some jurisdictions require that a force majeure provision be interpreted consistent with...
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