Force Majeure

Force majeure (/ˌfɔrs/FORS, /ˌfɔərs mɑːˈʒɜr/mah-ZHUR, or /məˈʒɜr/mə-ZHUR; ) or vis major (Latin) "superior force", also known as força major (Catalan), fuerza mayor (Spanish),cas fortuit (French) or casus fortuitus (Latin) "chance occurrence, unavoidable accident", is a common clause in contracts that essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties, such as a war, strike, riot, crime, or an event described by the legal term act of God (such as hurricane, flooding, earthquake, volcanic eruption, etc.), prevents one or both parties from fulfilling their obligations under the contract. In practice, most force majeure clauses do not excuse a party's non-performance entirely, but only suspends it for the duration of the force majeure.

Force majeure is generally intended to include risks beyond the reasonable control of a party, incurred not as a product or result of the negligence or malfeasance of a party, which have a materially adverse effect on the ability of such party to perform its obligations, as where non-performance is caused by the usual and natural consequences of external forces (for example, predicted rain stops an outdoor event), or where the intervening circumstances are specifically contemplated.

Read more about Force MajeurePurpose, Importance, Elements, Sample Clause

Other articles related to "force majeure":

Hardship Clause - Relation To force Majeure
... The hardship clause is sometimes used in relation to force majeure, particularly due to the fact that they share similar features and they both cater to situations of ... party has become much more burdensome, but not impossible, while force majeure refers to a party's contractual requirements have become impossible, at least temporarily ... Force majeure, however, is situated in the context of non-performance, and deals with the suspension or termination of the contract ...
English Contract Law - Conclusion and Remedies - Frustration and Common Mistake
... is a matter of construction of the contract, it can be contracted around, through what are called "force majeure" clauses ... Similarly, a contract can have a force majeure clause that would bring a contract to an end more easily than would common law construction ... was down to Wijsmuller's own choice, and so it was not frustrated, but that the force majeure clause did cover it ...
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... Force Majeure was an English New Wave group, formed in 1983 in Bristol ... Ackermann Backing vocals Maggie Hearne (Stapleton) Force Majeure at the Bristol Bridge Inn ...
Force Majeure - Sample Clause
... The following is an example of how force majeure might be described in a specific contract ... Force Majeure A party is not liable for failure to perform the party's obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm ... If a party asserts Force Majeure as an excuse for failure to perform the party's obligation, then the nonperforming party must prove that the party took ...

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