Force majeure CASES

In English law, force majeure refers to contractual clauses excusing parties from performing obligations when extraordinary events beyond their control prevent performance.

The phrase “force majeure” is French and literally translates to “superior force.”

Definition and Principles

Force majeure clauses typically cover unforeseen events such as natural disasters, war, strikes, pandemics, or governmental actions, suspending or excusing contractual obligations during such events.

Key Features

• Specific Events Listed: Clearly defines circumstances qualifying as force majeure.
• Obligation Suspension: Temporarily or permanently relieves parties from duties affected by the event.
• Notification Requirements: Usually requires timely notice to invoke the clause.

Practical Importance

Effective force majeure clauses allow businesses to manage unforeseen risks, ensuring contractual fairness by allocating responsibility clearly during disruptions.

Limitations

Force majeure does not apply automatically; it must be explicitly included and clearly defined within contracts.