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Learn the meaning of force majeure, a French term for superior or irresistible force, and how it is used in business contracts and law. See example sentences, word history, and related articles from Merriam-Webster dictionary.
- What Is Force Majeure?
- Understanding Force Majeure
- Force Majeure vs. Pacta Sunt Servanda
- Example of Force Majeure
- Special Considerations For Force Majeure
- The Bottom Line
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Force majeure is a clause that is included in contracts to remove liability for unforeseeable and unavoidable catastrophes that interrupt the expected course of events and prevent participants from fulfilling obligations. These clauses generally cover natural disasters, such as hurricanes, tornadoes, and earthquakes, as well as human actions, such ...
Force majeure is a French term that literally means “greater force.” It is related to the concept of an act of God, an event for which no party can be held accountable, such as a hurricane or a tornado. However, force majeure also encompasses human actions, such as armed conflict. Generally speaking, for events to constitute force majeure, they mus...
In general, force majeure conflicts with the concept of “pacta sunt servanda” (Latin for “agreements must be kept”), a key concept in civil and international law with analogs in common law.It is not supposed to be easy to escape contractual liability, and proving that events were unforeseeable, for example, is difficult by design. As time goes on, ...
An avalanche destroys a supplier’s factory in the French Alps, causing long shipment delays and leading the client to sue for damages. The supplier might employ a force majeure defense, arguing that the avalanche was an unforeseeable, external, and unavoidable event—the three tests applied by French law. Unless the contract specifically named an av...
The International Chamber of Commerce has attempted to clarify the meaning of force majeure (although it is not included in the organization’s Incoterms) by applying a standard of “impracticability,” meaning that it would be unreasonably burdensome and expensive, if not impossible, to carry out the terms of the contract. The event that brings this...
In theory, force majeure clauses make a lot of sense. For one, they enable parties to better manage risk and protect themselves if something unthinkable happens completely out of the blue. The biggest issue is that these clauses, by virtue of not always being 100% clear and transparent, generally favor the big guys. Big, powerful insurance firms ca...
Force majeure is a clause that removes liability for unforeseeable and unavoidable catastrophes that prevent contractual obligations. Learn how force majeure works, what events qualify, and how it conflicts with the principle of pacta sunt servanda.
- Marshall Hargrave
- 1 min
In contract law, force majeure [1] [2] [3] ( French: [fɔʁs maʒœʁ]; lit. 'major force') is a common clause in contracts which 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, epidemic, or sudden legal change prevents one o...
Force majeure is a contract clause that excuses performance due to extraordinary events beyond the parties' control. Learn how courts interpret and apply force majeure clauses in different circumstances, such as COVID-19, natural disasters, and labor disputes.
Learn what a force majeure clause is and how it can help you get out of a contract in case of unforeseeable events. See examples of force majeure clauses in different types of contracts and how they apply to COVID-19.
Jan 15, 2015 · Learn what force majeure means in law and how it affects contracts and insurance policies. Find out what events are considered force majeure, how to negotiate a force majeure clause, and how it differs from impossibility and hell or high water.
May 16, 2024 · Force majeure is a legal concept that frees parties from certain obligations in case of extraordinary and unforeseen events. Learn about the origin, types, and applications of force majeure in commercial and international law, with examples and facts.
