General Electric Capital Corp. v. FPL Service Corp.
United States District Court for the Northern District of Iowa
986 F. Supp. 2d 1029 (2013)
Relevant factsFree
FPL Service Corp. (defendant) leased two copiers from GE Capital (plaintiff) under a contract requiring continued rent even if the copiers were damaged, until FPL either repaired or replaced them or paid off all remaining rent; when Hurricane Sandy destroyed nearly all of FPL's equipment including the copiers, FPL stopped paying rent, and GE sued for breach of contract and moved for summary judgment.
IssueFree
Whether a party to a contract is excused from performance because of impracticability or frustration of purpose if the party specifically agreed to assume the risk of the contract and perform despite impracticability or frustration of purpose.
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