Private Jet Servs. Grp. v. Tauck, Inc.

Summary

The Supreme Court answered the certified question by holding that New Hampshire’s common law defenses of impossibility, impracticability, and frustration of commercial purpose remain viable unless expressly waived, and that a force‑majeure clause protecting only one party does not by itself relinquish the other party’s right to assert those defenses. The matter was remanded for further proceedings consistent with this holding.