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Pros And Cons Of Pit Bulls

Decent Essays

II. The Event must be unforeseen and beyond the party’s control in order to constitute force majeure: Under all precedents, an event may constitute force majeure only when it is unforeseeable and beyond the party’s control.
A) The event must be unforeseen: The Supreme Court opines that it is not enough to mention an event in the catchall force majeure provision to constitute force majeure, in addition, each event has to be unforeseen (United States v. Brooks-Callaway 63 S. Ct. 474 (1943). Moreover, a party might not invoke the force majeure provision whether the event was a high water or a flood, as it was due to conditions that are “normally foreseeable.”(Id). Further, New York Court of Appeals held that a party may excuse itself if the event was unforeseen and beyond the party’s control (Kel Kim). Since a liability insurance crisis could have been foreseen, the defendant might not benefit from the force majeure provision (Id) Stonerose could rely on Brooks and Kel Kim to make a strong argument that Jordan could have normally foreseen the pit bull ban on five grounds. First, over 900 U.S. cities have enacted laws that define pit bulls as “dangerous” dog breeds and have limited their public exposure. Secondly, many New York state towns generally disallow Pit Bulls. Thirdly, Crump (the new mayor of New York City) tweeted “ban these monsters!! No more Pit bulls or other dangerous beasts in our city.” Further, Twitter is considered a public forum which renders any

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