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 ?
104) However, Lord Longmore rejected the argument that force majeure under this contract concerned itself with what was beyond only Vitol's reasonable control in relation to its obligations.
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 biz is on pins and needles as the work stoppage moves into its seventh week, the common threshold in contracts for triggering force majeure, essentially an escape clause if there's an unforeseen event so disruptive (think fire, flood, earthquake or strike) that it becomes impossible for both sides to adhere to the terms of the contract.
The Dow Chemical Company, Midland, MI, declared force majeure for vinyl acetate monomer (VAM) effective September 3 through approximately the end of October.
Chemicals group Lanxess, Leverkusen, Germany, has lifted its force majeure declaration for the production of butyl rubber at its Sarnia, Ontario, Canada, site, issued at the beginning of the year.
As a result, the company has issued force majeure notices to customers in the U.
Force majeure clauses enable a party to contractually avoid liability due to an irresistible, natural or unavoidable force.
Sartomer Company has declared force majeure for its Wingtack C5 resins.
To lay-Americans, the issuance of a fatwa, from any corner of the Muslim world, implies a force majeure in the lives of all ordinary Muslims and therefore cause for concern.
Provided they are made correctly and in time, US and European coffee trade rules permit declarations of force majeure to delay shipment for a certain time until the situation blocking delivery is resolved.
has declared force majeure on production of its Ultem polyetherimide and placed customers on allocation following an "unforeseen malfunction" at its plant in Mt.