Route 6 Outparcels, LLC v. Ruby Tuesday, Inc.
Supreme Court of New York, Appellate Division, Third Department
931 N.Y.S.2d 436 (N.Y. App. Div. 2011)
Relevant factsFree
Ruby Tuesday (defendant) contracted to build and open a restaurant on Route 6 Outparcels' (plaintiff) property but failed to do so on time, citing the 2008 global economic downturn and its own decision to pay down debt instead of financing construction, invoking the contract's force majeure clause. The trial court granted the LLC partial summary judgment on breach, and Ruby Tuesday appealed.
IssueFree
Whether, to use a force majeure clause as an excuse for non-performance, the event alleged as an excuse must have been completely beyond the non-performing party's control.