Oklahoma Natural Gas Asks Court to Reinstate Defense / in Forest Oil Case

By Robinson, Robin | THE JOURNAL RECORD, April 15, 1988 | Go to article overview
Save to active project

Oklahoma Natural Gas Asks Court to Reinstate Defense / in Forest Oil Case


Robinson, Robin, THE JOURNAL RECORD


A motion to reinstate a defense in a natural gas lawsuit filed by Forest Oil Corp. has been filed by Oklahoma Natural Gas Co. in Caddo County District Court, ONG announced Thursday.

ONG, a division of Tulsa-based ONEOK Inc., had the "commercial impracticability" defense and several other defenses, including force majeure and conservation law, stricken by the judge in October.

Efforts to have the defenses reviewed by the Oklahoma Supreme Court failed March 3 when the justices refused to order the district court judge to reinstate the defenses for a jury trial or to hear the case themselves.

The latest request stems from the high court's actions in another natural gas contract lawsuit brought against an ONG affiliate.

While the justices ruled out the use of a "commercial impracticability" defense in Golsen v. ONG Western Inc., they "gave an indication that the defense of `commercial impracticability' should be considered in certain other take-or-pay contract disputes," ONG said.

The take-or-pay clause called for ONG to take a certain volume of natural gas or pay for that volume and take it at a later date.

The "commercial impracticability" defense, the natural gas utility said, "asserts that after the Forest contract was signed, events occurred that were unforeseeable at the time by both parties.

"The events so completely changed the nature and extent of the obligations represented by the take-or-pay and price-redetermination provisions of the Forest gas purchase contract that complying with them would threaten Oklahoma Natural's financial viability," ONG said.

Justices Yvonne Kauger and Marian P. Opala, the ONG request stated, "recognized that under appropriate factual circumstances, the `commercial impracticability' defense `may provide viable questions of fact for the jury' in gas purchase contract cases.

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
Loading One moment ...
Project items
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

Cited article

Oklahoma Natural Gas Asks Court to Reinstate Defense / in Forest Oil Case
Settings

Settings

Typeface
Text size Smaller Larger
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

While we understand printed pages are helpful to our users, this limitation is necessary to help protect our publishers' copyrighted material and prevent its unlawful distribution. We are sorry for any inconvenience.
Full screen

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.

Are you sure you want to delete this highlight?