Contractual definitions of force majeure events

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A force majeure provision in a contract relieves a party from liability for its failure to perform under the contract due to the effects an event beyond that party's control. Under which of the following contractual definitions of force majeure events would a court be more likely to consider a global health pandemic to be a force majeure event?

a. "Neither party shall be liable for any delays or failures in performance resulting from acts beyond its reasonable control, including Act of God or natural disaster, earthquake, flood, hurricane, or fire."

b. "Neither party shall be liable for any delays or failures in performance resulting from acts beyond its reasonable control, including, without limitation, Acts of God, natural disasters, or any other events or circumstances not within the reasonable control of the party affected, whether similar or dissimilar to any of the foregoing."

Reference no: EM133199946

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