What is Force Majeure? Plain English Explanation
Definition
Force majeure (French for "superior force") is a contract clause that excuses one or both parties from performing their obligations when extraordinary events beyond their control occur. Common triggers include natural disasters, wars, pandemics, and government actions.
Why It Matters in Contracts
Without a force majeure clause, you might still be required to perform your contractual obligations even during a natural disaster or pandemic. With a poorly written one, only the other party gets protection while you are still on the hook.
Real-World Example
During the COVID-19 pandemic, many businesses invoked force majeure clauses to cancel events, delay deliveries, and suspend services. Contracts without these clauses left parties arguing about whether a pandemic counted as an excuse for non-performance.
What to Watch For
- 🔴One-sided force majeure that only protects the other party
- 🔴Narrow list of triggering events that might not cover modern risks
- 🔴No obligation to mitigate damages or resume performance
- 🔴Automatic termination instead of suspension during force majeure events
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Disclaimer: This glossary entry is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.