Force Majeure and Unforeseeable Events in Florida
Unforeseeability is a key element of force majeure analysis in Florida. Courts evaluate whether parties could reasonably have anticipated the event at the time of contracting and whether the clause language requires unforeseeability.
Foreseeability Analysis
- Was the event historically unprecedented or extremely rare?
- Does the industry typically account for such events?
- Was the specific event foreseeable even if the category was known?
- Was the event's impact on performance foreseeable?
Hurricanes in Florida
- Generally foreseeable (Florida is a known hurricane zone)
- Specific hurricane severity and impact may not be foreseeable
- Clauses should specifically list hurricanes without requiring unforeseeability
- Mitigation through insurance and building standards is expected
Impossibility vs. Difficulty
Force majeure requires impossibility or impracticability, not merely increased cost. Performance that is more expensive but still possible generally does not qualify unless the clause language provides otherwise.
Related Terms
- Contract — The agreement with force majeure provisions
- Equity — Fairness in applying force majeure
- Closing — Delayed closings from force majeure
Barnes Walker Contract Law
Barnes Walker's attorneys advise on force majeure clauses and contract performance disputes arising from extraordinary events in Florida. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC