forcemajeure

Force majeure is a contractual clause that addresses unforeseen events beyond the control of the parties involved, which may prevent or delay the performance of their obligations. The term is French for "superior force." When a force majeure event occurs, the affected party may be excused from fulfilling their contractual duties, either temporarily or permanently, without incurring liability.

Common examples of force majeure events include natural disasters such as earthquakes, floods, hurricanes, and volcanic eruptions. Acts of war, terrorism, riots, strikes, and widespread epidemics or pandemics are also frequently included. The specific events that qualify as force majeure are typically defined within the contract itself. If an event is not listed, it may not be covered by the clause.

The purpose of a force majeure clause is to allocate risk for events that are neither party's fault and could not have been reasonably foreseen or prevented. To invoke force majeure, the affected party usually must demonstrate that the event directly caused their inability to perform and that they took reasonable steps to mitigate the impact of the event. The exact requirements and consequences of invoking force majeure vary significantly depending on the wording of the specific contract and the governing law.