Helpful Hints
  • (1) You can search the entire content of Dean’s by phrase or by individual words. Just type your keywords into the search box and then pull down the search icon on the right and choose the option you need: search by word or by phrase or reset the content.
  • (2) Double click on a word in the content of a definition, and if the word is listed as a keyword in Dean’s, it will look that word up.
  • (3) You can use the search function to help jump the scrolling function. Simply type the first 2-3 letters into the search box then hit enter on your keyboard and the scroll will go to those Keywords that begin with those letters and allow you to scroll from there.

Contractual force majeure clauses -- or clauses excusing nonperformance due to circumstances beyond the control of the parties -- under the common law provide a similarly narrow defense. Ordinarily, only if the force majeure clause specifically includes the event that actually prevents a party's performance will that party be excused. (See, e.g., United Equities Co. v First Natl. City Bank, 41 NY2d 1032; Squillante & Congalton, Force Majeure, 80 Com LJ 4 [1975].) The principle of interpretation applicable to such clauses is that the general words are not to be given expansive meaning; they are confined to things of the same kind or nature as the particular matters mentioned (see, 18 Williston, Contracts § 1968, at 209 [3d ed 1978]). 

Oklahoma Supreme Court has determined that neither a decline in demand, nor an inability to sell gas at or above the contract price, constitutes a force majeure event. Golsen v. Ong Western, Inc., 756 P.2d 1209, 1213 (Okla. 1988) (interpreting force majeure provision extending to 'failure of gas supply or markets'). 

 A force majeure clause, provides a means by which the parties may anticipate in advance a condition that will make performance ...

Register or login to access full content