Distribution Services Limited v. Hong Kong Islands Line America S.A.

963 F.2d 378 1992 A.M.C. 2699 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. DISTRIBUTION SERVICES LIMITED, Defendant-Appellant, v. HONG KONG ISLANDS LINE AMERICA S.A., Plaintiff-Appellee. No. 91-55513. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 4, 1992. Decided May 15, 1992. 1 Before JAMES R. BROWNING and FARRIS, Circuit Judges, CAULFIELD, * District Judge. 2 MEMORANDUM ** 3 We affirm the district court's rejection of the force majeure defense as inconsistent with the continued shipments under the contract. 4 Pursuant to the force majeure provisions of the contract, the party asserting force majeure must provide the other party with written notice of the existence of force majeure and notice of when the force majeure period has ended. Periods of force majeure are termed "disability periods" during which "each party is excused" from performance, and the minimum volume requirement is reduced on a pro rata basis. 5 Distribution Services argues…