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Perspective

May 13, 2009

Must the Show Always Go On? Better Check the Contract

Advance negotiation of the definition of force majeure is far preferable to sorting out liability issues in the context of legal claims, writes Richard Idell.

By Richard J. Idell

We have all heard the saying "rain or shine, the show must go on." Presenters and promoters of outdoor shows will not cancel a show even in the face of a downpour until and unless it is clear that there is no chance of a break in the weather to allow the performance to proceed.

However, weather can interrupt the show and cause cancellation or postponement, as can other factors or conduct beyond the control of the parties. Default, terminatio...

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