force majeure clause

force majeure clause
force majeure clause n: a clause in an agreement that excuses performance in the event that a force majeure makes the performance impracticable or impossible

Merriam-Webster’s Dictionary of Law. . 1996.

force majeure clause
force majeure clause, Also known as force majeure.
The happening of events outside the control of the parties, for example, natural disasters or the outbreak of hostilities. It is usual for parties to provide in a contract that such events will not make the defaulting party liable if they prevent it from performing its obligations. The concept is derived from civil law and is not fully recognised under common law, therefore it should always be fully defined.
USA
A provision in an agreement that excuses a party's performance under the agreement to the extent its failure to perform is due to certain extreme circumstances outside that party's control, for example, due to the occurrence of a natural disaster or an act of terrorism or war.
Force majeure clauses are found in a wide range of agreements.
For a sample force majeure clause and related drafting note, see Standard Clauses, Boilerplate Clauses ().
an "act of God" or event that is outside the control of any party to a contract (see force majeure and PLC Corporate, Practice note, Contracts: force majeure (www.practicallaw.com/7-380-6134)).
Related links

Practical Law Dictionary. Glossary of UK, US and international legal terms. . 2010.

Игры ⚽ Поможем решить контрольную работу

Look at other dictionaries:

  • Force majeure — (French for superior force ) is a common clause in contracts which essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties, such as war, strike, riot, crime, act of …   Wikipedia

  • force majeure — force ma·jeure / fȯrs ma zhər, mȧ zhœ̅r/ n [French, superior force] 1: superior or insuperable force 2: an event (as war, labor strike, or extreme weather) or effect that cannot be reasonably anticipated or controlled: fortuitous event compare …   Law dictionary

  • Force Majeure — Dieser Artikel oder Absatz stellt die Situation in Deutschland dar. Hilf mit, die Situation in anderen Ländern zu schildern. Die Höhere Gewalt (franz. Force Majeure, engl. Act of God) liegt nach deutscher Rechtsprechung vor, wenn das… …   Deutsch Wikipedia

  • force majeure — Events outside the control of the parties. These events are acts of man, nature, governments and regulators, or impersonal events. contract performance is forgiven or extended by the period of force majeure. Bloomberg Financial Dictionary * * *… …   Financial and business terms

  • force majeure — French: superior force An event outside the control of either party to a contract (such as a strike, riot, war, act of God) that may excuse either party from fulfilling his contractual obligations in certain circumstances, provided that the… …   Big dictionary of business and management

  • Force majeure (disambiguation) — Force majeure may refer to:* Force majeure, a common legal clause * Force Majeure (album), a 1979 album by electronic music group Tangerine Dream * Force Majeure Records, a Brazilian record label * Force Majeure ( The Unit ), an episode of the… …   Wikipedia

  • force majeure — /fors mazhur/ mszhar/ In the law of insurance, superior or irresistible force. Such clause is common in construction contracts to protect the parties in the event that a part of the contract cannot be performed due to causes which are outside the …   Black's law dictionary

  • force majeure — /fors mazhur/ mszhar/ In the law of insurance, superior or irresistible force. Such clause is common in construction contracts to protect the parties in the event that a part of the contract cannot be performed due to causes which are outside the …   Black's law dictionary

  • Force Majeure — A French term literally translated as greater force , this clause is included in contracts to remove liability for natural and unavoidable catastrophes that interrupt the expected course of events and restrict participants from fulfilling… …   Investment dictionary

  • force majeure — /fɔs maˈʒɜ/ (say faws mah zher) noun 1. a superior force. 2. Law a. an unexpected and disruptive event operating to excuse a party from a contract. b. (of a clause) providing that a party to a contract shall be excused in case of war, strikes,… …  

Share the article and excerpts

Direct link
… Do a right-click on the link above
and select “Copy Link”