Definition Of Force Majeure Clause

Force majeure erroneously called a force majure 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 epidemic or an event described by the legal term act of god prevents one or both parties from fulfilling their obligations under the.

Definition of force majeure clause. Force majeure is a clause that is included in contracts to remove liability for natural and unavoidable catastrophes. Invoking a force majeure clause. Greater superior or irresistible force. The provision may state that the contract is temporarily suspended or that it is.

Force majeure definition is superior or irresistible force. Definition of force majeure. Although force majeure events are generally understood to mean an act event or circumstance beyond the responsible control of party under common law there is no recognized definition of force majeure. By definition an act of force majeure must prevent one or both parties from performing a service listed in the contract.

The term force majeure relates to the law of insurance and is frequently used in construction contracts to protect the parties in the event that a segment of the contract cannot be performed due to causes that are outside the control of the. In the united states in particular there is not a single standard or definition of proof for force majeure. Force majeure clauses are often found in contracts and insurance policies to protect the parties in the event duties cannot be performed due to causes outside the parties control. Force majeure french a superior or irresistible power an event that is a result of the elements of nature as opposed to one caused by human behavior.

Something outside the control of parties to a contract and which could not have been foreseen or planned for usually found in construction contracts suspending the time limits in the event of a force majeure it can include acts of god such as tornadoes and hurricanes or acts of humans such as a strike terrorist attack or other such disruptive event. It also encompasses human actions such as armed conflict. A force majeure clause french for superior force is a contract provision that allows a party to suspend or terminate the performance of its obligations when certain circumstances beyond their control arise making performance inadvisable commercially impracticable illegal or impossible. For the purpose of this agreement force majeure means any act event or cause except in relation to obligations to make payments under this agreement beyond the reasonable control of the party affected by that force majeure including without limitation any act of god or any public enemy fire flood explosion landslide epidemic breakdown of or damage to.

Definition of force majeure.