overmacht

Overmacht, in Dutch law often rendered as force majeure, refers to a circumstance that prevents a party from fulfilling a contractual obligation. It is characterized by being beyond the party’s control, not attributable to that party, and typically unforeseeable or unavoidable at the time of the agreement. The event must cause the non-performance or make it unreasonably burdensome.

When overmacht applies, the performing party is generally relieved from liability for failures to perform and may suspend the obligation for the duration of the overmacht. Performance resumes when the intervening event ends. If the overmacht persists for an extended period, the other party may be entitled to dissolve or renegotiate the contract, and damages for non-performance are typically not payable.

Contracts often address overmacht through a force majeure clause specifying which events qualify and what consequences follow. In the absence of such a clause, the general doctrine can still apply, but its scope and interpretation depend on the contract type, circumstances, and applicable case law.

Common examples include natural disasters (such as floods or earthquakes), war or acts of terrorism, government restrictions or embargoes, strikes, epidemics, and other substantial disruptions to supply chains or production. The exact definition of what constitutes overmacht is fact-dependent and varies by jurisdiction and contract.

Practical considerations include timely notification to the other party, documenting the event, and taking reasonable steps to mitigate the impact. Overmacht does not excuse negligence or risks that could reasonably have been prevented, and its application is assessed on a case-by-case basis.