§ 74

Citation: § 74
Parent Document: 55 Oak Street LLC v. RDR Enterprises, Inc., 275 A.3d 316 (2022)
Jurisdiction: Maine (state)
Effective Date: 2022-05-24
Original Source: https://www.courtlistener.com/opinion/6471241/55-oak-street-llc-v-rdr-enterpr... ↗

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5Viewing the lease agreement as a whole, see Am. Prot. Ins. v. Acadia Ins., 2003 ME 6, ¶¶ 11-12,
814 A.2d 989, we note that there is another indication that the parties did not intend for a force
majeure to partially excuse a party’s nonperformance. Section 19(b) of the lease agreement provides
that, in the case of a partial government taking of the property, the tenant, at its election, may
terminate the lease. The section does not provide that either party’s performance is partially excused
in the event of a partial taking if the tenant does not so elect.
     6Although the express language of a force majeure clause supersedes the application of common
law contractual doctrines such as frustration of purpose or impracticability of performance, see Wis.
Elec. Power Co. v. Union Pac. R.R. Co., 557 F.3d 504, 506-07 (7th Cir. 2009); Commonwealth Edison Co.
v. Allied-General Nuclear Servs., 731 F. Supp. 850, 855 (N.D. Ill. 1990), we note that our reading of the
lease language at issue here is consistent with those doctrines, which do not partially excuse
                                                                                                    13 B.       Oak Street is entitled to possession.7

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