Definition Of Force Majeure English Law
Force majeure is an unexpected event such as a war or an act of god that prevents someone from doing what they had planned or agreed to do.
Definition of force majeure english law. Legal definition of force majeure. 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 contract. From french meaning greater force the defendants maintained that they were entitled to more time or money to perform their obligations as a result of the claimed force majeure event. An event as war labor strike or extreme weather or effect that cannot be reasonably anticipated or controlled.
Force majeure refers to a clause that is included in contracts to remove liability for natural and unavoidable catastrophes that interrupt the expected course of events and prevent participants. An event that is a result of the elements of nature as opposed to one caused by human behavior. Eni spa has declared force majeure on shipments from its ogbainbiri oil flow station in nigeria after the facility was attacked on sunday an eni spokeswoman said a spokesman for the company said the declaration of force majeure would only apply to new ships about to join a queue of about 55 vessels waiting off the port to be loaded. Its underlying principle is that on the occurrence of certain events which are outside a party s control that party is excused from or entitled to suspend performance.
A force majeure clause typically excuses one or both parties from performance of the contract in some way following the occurrence of such events. An unexpected event such as a war crime or an earthquake which prevents someone from doing. Fortuitous event compare act of god inevitable accident. Force majeure events are usually defined as certain acts events or circumstances beyond the control of the parties for example natural disasters or the outbreak of hostilities.