Adapting Force Majeure To a Predictably Unpredictable World
Corey Boock and Kyle Hamilton authored the article “Adapting Force Majeure To a Predictably Unpredictable World” for Law360.
The article begins, “The 2024 hurricane system was predicted as above normal. Potential Trump administration tariffs may affect materials, equipment costs and supply chain. New swine flu strains have hit the U.S. These are all events that have happened or are predicted — but are they foreseeable and are the impacts foreseeable?”
“When negotiating a contract, parties nearly always discuss what constitutes successful performance. Sophisticated parties, however, often spend as much time, if not more, discussing what happens if the contract is not successful. Those parties want to know what their worst case scenario could be and how much money or time they could lose if something goes catastrophically wrong."
