By Leisa Boley Hellwarth, a dairy farmer and attorney near Celina
Twenty-nine years ago I recall sitting in my contracts class rolling my eyes at the discussion of force majeure. It seemed like such an impractical, academic concept that I doubted I would ever use it in practice. Wrong.
The term is French and means “superior force”or “unavoidable accident.” Force majeure is a common clause in contracts, including agreements for production agriculture, contract growers and custom feeding. The provision essentially frees both parties from performance when an extraordinary event or circumstance, beyond the control of the parties, such as a war, strike, riot, epidemic, pandemic or an event described by the legal term act of God, prevents one or both parties from fulfilling their obligation under the contract. The effects of the coronavirus on the food chain are likely force majeure under many legal situations.
Pillsbury Company, Inc. v Wells Dairy, Inc.… Continue readingRead More »