GIVEN THAT CONGRESS has not officially declared war on terrorism, would “war” be a valid reason for excusing the performance of a contract? It depends on whether the war truly amounts to a force majeure, or a force beyond the control of the party, affecting performance of the contract adversely. A conflict between the U.S. and a foreign entity in another part of the world does not necessarily render performance of a meeting contract impossible by either party. The burden is on the party ...

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