Christopher Handy, ‘No Act of God Necessary: Expanding Beyond Louisiana’s Force Majeure Doctrine to Imprévision

INTRODUCTION
… Part I of this Comment explains Louisiana’s force majeure doctrine, distinguishes it from similar doctrines in other jurisdictions, and demonstrates the inequitable development of Louisiana’s law regarding force majeure. Part II discusses the two major failed attempts to introduce more flexibility into Louisiana’s force majeure doctrine. Part III surveys and analyzes three relevant sources of law that Louisiana should look to in constructing a workable application of hardship or imprévision: (1) the common law – doctrines and UCC; (2) international law – the CISG and Unidroit; and (3) French law. Part IV argues that the French solution is best because it incorporates important concepts from the other solutions also providing an equitable approach and resolution to disputes and concludes that because the French solution is simple and compatible with Louisiana law, it would reduce inequities created by the current regime.

Christopher R Handy, No Act of God Necessary: Expanding Beyond Louisiana’s Force Majeure Doctrine to Imprévision, 79 Louisiana Law Review (2019).

First posted 2019-01-26 12:55:40

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