force majeure


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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.

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 parties, such as natural disasters, that could not be evaded through the exercise of due care.

force majeure

an event that no human foresight could anticipate or which, if anticipated, is too strong to be controlled. Depending on the legal system, such an event may relieve a party of an obligation to perform a contract.
References in periodicals archive ?
Some countries have force majeure defined in law, and some do not.
The seminal authority on the interpretation of force majeure clauses in Canada is the 1975 Supreme Court of Canada decision in Atlantic Paper.
Because events of Force Majeure can give rise to termination rights, a purchase agreement or tolling agreement should clearly specify what events do and do not constitute events of Force Majeure, how long an individual event (or several events in the aggregate) must continue before termination rights arise, and whether a partial impact such as an inability to take or supply a portion of contracted-for quantities due to Force Majeure gives rise to termination rights.
The assumption here is that all contracts which were valid during the Libyan revolution contained a force majeure clause.
Eddie Izzard Force Majeure, Echo Arena, Liverpool, May 5, 2013, echoarena.
In October, Sonde North Africa lifted the force majeure and resumed its work.
The IK says that failure to deliver materials cannot in general be classed as force majeure unless the failure of delivery is caused by an act of God.
The plant owned by Bunge declared force majeure on deliveries for the next three months and that is quite a lot of rapemeal, which has to be covered plus the fact that we are at the end of the season, which does not make it all that easy," one broker said.
But the 11th Circuit reversed that decision, ruling there was plenty of justification for the force majeure clause.
Shell declared a force majeure on Tuesday - a legal clause allowing producers to miss contracted deliveries because of circumstances beyond their control - for the remainder of July, August and September.
The Dow Chemical Company, Midland, MI, declared force majeure for vinyl acetate monomer (VAM) effective September 3 through approximately the end of October.