Legal Question in Real Estate Law in Maryland

What would be a reliable legal definition of the term "normal weather conditions"? For instance, if a road was to be maintained so as to be passable in normal weather conditions, would it be reasonable to assume that a heavy snowfall occurred outside the realm of "normal," but that during ensuing weather, e.g., sunny and cold with no precipitation, atmospheric conditions had returned to "normal"? Central to this distinction is the question of allowing snow that occurred during conditions that arguably were not normal to remain for a period of time, thus rendering the road impassable. The party responsible for road maintenance then claims that the accumulated snow is not a "normal weather condition."


Asked on 4/09/10, 9:43 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

"Normal" is a very vague term, not one I would use in drafting an agreement setting forth duties and responsibilities of the contracting parties. In the context you present, I think that a so-called "hundred year" snow or flood would fall outside the realm of normal. Conversely, if the area in question typically gets snowfalls in the 10-20" range, a snowfall within that range would require the maintenance person to perform. But I would also take into consideration whether the maintenance person had the requisite equipment to clear a significant snowfall, and if so, his refusal to do so would more likely constitute a breach of contract.

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Answered on 4/14/10, 10:22 am


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