Force majeure | Practical Law

Force majeure | Practical Law

Force majeure

Force majeure

Practical Law UK Glossary 3-107-5776 (Approx. 4 pages)

Glossary

Force majeure

Force majeure events are usually defined as certain acts, events or circumstances beyond the control of the parties, for example, natural disasters or the outbreak of hostilities. A force majeure clause typically excuses one or both parties from performance of the contract in some way following the occurrence of such events. Its underlying principle is that on the occurrence of certain events which are outside a party's control, that party is excused from, or entitled to suspend performance of all or part of its obligations. That party will not be liable for its failure to perform the obligations, in accordance with the clause.
For a note outlining the use of force majeure clauses, see Practice note, Contracts: force majeure.
The concept of force majeure is derived from civil law and is not fully recognised under English common law, therefore it should always be fully defined. For an example of a force majeure clause, see Standard clause, Force majeure and its integrated drafting notes.