Which language in the above force majeure clause

Assignment Help Business Law and Ethics

Reference no: EM133199757

Question: Force Majeure clauses are found in many contracts. How they work along with some contract drafting strategies:

These force majeure clauses have recently become especially relevant. Here's a coronavirus-related case:

Let's assume this is the clause used in the Metropolitan Opera contract:

Force Majeure (Links to an external site.). Neither party shall be liable for any costs or damages due to delay or nonperformance under this services contract arising out of any cause or event beyond such party's control, including, without limitation, cessation of services hereunder or any damages resulting therefrom to the other party as a result of work stoppage, power or other mechanical failure, computer virus, natural disaster, governmental action, or communication disruption.

Use this clause to answer these questions:

Question 1) Which language in the above force majeure clause can the Metropolitan Opera use to make the case that it does not have to preform? Explain.

Question 2) Now argue the other side. What argument can the performers make that the coronavirus disruption does not apply here?

Question 3) In the end, who do you believe determines whether or not this clause applies?

Question 4) Should these clauses be allowed in any contracts for personal services for those in performing arts? How about accountants or other professionals? Should the hiring party accept the risk of disruption or should the risk fall on the party providing services?

Reference no: EM133199757

Questions Cloud

Explain what youtube has done to stop video posts : Explain what YouTube has done to stop video posts from people accused of promoting hate speech. Give an example from the article

Why would the judge not find a criminal violation : Macomb Community College - Do you think Ms. Drew should have also been charged with the death of Megan Meier rather than with conspiracy, unauthorized computer

Discuss international trade and the environment : Describe impact of this issue on the local and global economy. Consider things such as: trade, wealth, employment, investments, inflation.

Describe distribution channels to distribute company product : MAR 4144 University of Miami. Describe three distribution channels to distribute your company products (from the Export Plan) to the Latin American markets.

Which language in the above force majeure clause : Bus 125 San Diego Mesa College - Which language in the above force majeure clause can the Metropolitan Opera use to make the case

Examine channel management implication of franchise channels : Examine the channel management implications of franchise channels and compare and contrast these implications to conventional channels.

Could the city be held responsible for injuries caused : Could the city be held responsible for injuries caused by property owned by someone else and Ben and his family brought a negligence suit against the city

Resource acquisition log : This task will require you to prepare a resource acquisition log that you will use to obtain or access

Explain operation management role in business today : Write a paper in which you explain operation management's role in business today. Explain how operations management's role is applied

User Account

All Pages