Definition Of Force Majeure Event
A force majeure clause typically excuses one or both parties from performance of the contract in some way following the occurrence of such events.
Definition of force majeure event. A force majeure clause in a contract would typically include an exhaustive list of events such as acts of god war terrorism earthquakes hurricanes acts of government explosions fire plagues or epidemics or a non exhaustive list wherein the parties simply narrate what generally constitute force majeure events and thereafter add and. Its underlying principle is that on the occurrence of certain events. 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. For the agreement an act or event is a force majeure event if such act or event is beyond the reasonable control and not the result of the fault or negligence of the affected party and such party had been unable to overcome such act or event with the exercise of due diligence subject to the foregoing conditions force majeure event shall include the.
Such circumstances include war riot crime or strike as well as any event considered an act of god such as. 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. Force majeure event means an event or a series of related events that is outside the reasonable control of the party affected including failures of the internet or any public telecommunications network hacker attacks denial of service attacks virus or other malicious software attacks or infections power failures industrial disputes affecting any third party changes to the law. A force majeure clause in a contract essentially releases both parties from obligation or liability when a circumstance beyond the parties control occurs preventing fulfillment of the contract.
Force majeure events means any event that goes beyond the reasonable control of one party and is unavoidable even if the affected party pays reasonable attention to it including but not limited to government act natural force fire explosion geographic changes storm flood earthquakes tides lightening or wars. However inadequate credit. Definition of force majeure event. An event or effect that cannot be reasonably anticipated or controlled.
In the united states in particular there is not a single standard or definition of proof for 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. 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. Force majeure definition is superior or irresistible force.
Definition of force majeure.