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 ?
Anne denied that it was liable to Atlantic as a result of non-availability of markets under the force majeure clause, which read:
However, arguably every force majeure clause should be unique - making sense in the business context of the particular contract and making a sensible allocation of the risks which may affect performance.
Force majeure clauses enable a party to contractually avoid liability due to an irresistible, natural or unavoidable force.
Earlier IBRA and Pertamina rejected additional requirements demanded by JBIC, including guarantee in supply of low sulfur wax residue (LSWR) from Pertamina in 6 years in addition to force majeure clause for a month.
These corporations are denied reliance on the contractual force majeure clause because, in a fashion similar to piercing the corporate veil, they are regarded as an integral component of the state, which is responsible for the change of conditions in the host country.
Any force majeure clause needs to be thought through in light of the duties and responsibilities of parties to the contract when a force majeure occurs.
The agreement signed in 2007 allowed either party to exit the agreement in extenuating circumstances beyond their control, such as UN sanctions, in what is called a force majeure clause.
indicates that contingency clauses, such as the force majeure clause,
says that those events trigger the force majeure clause of the contract -- in other words, the losses were extraordinary and shouldn't be counted against the three-year loss provision.
A good force majeure clause will protect against "acts of God, war, government regulation, disaster, fire, strikes, civil disorder, terrorist actions, curtailment of transportation facilities preventing or unreasonably delaying at least 25 percent of convention/meeting attendees and guests from appearing at the convention/meeting, or other similar cause beyond the control of the parties making it inadvisable or illegal to hold the convention/meeting or provide the facility.
It is understood rules can be relaxed under the force majeure clause, which means work has been delayed due to unforeseen circumstances.