Danielle M. Kinchen(L) and Amy K. Anderson(R) of Jones Walker. Courtesy photos Using Force Majeure Provisions to Manage Uncertainty: After Ida and Beyond
In Texas, the force majeure defense to nonperformance is not available if the contract does not contain force majeure language. Texas courts do not apply a common law doctrine of force majeure in the absence of a force majeure provision in a contract.
October 07, 2021 at 01:03 PM
5 minute read
If there is one thing that lawyers and their clients have in common, it is a fondness for certainty. Unfortunately, the natural world doesn't seem to share that particular disposition. The resulting certainty of uncertainty means that planning for disaster-related business interruptions — and the inclusion of force majeure provisions, in particular — should play an important role in the negotiation and documentation of most business contracts.
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