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Force Majeure Provision

In contracts, a force majeure provision may specifically provide for impossibility of performance due to an act of God.  However, in such a case a party will have to comply with other relevant contractual provisions, such as due notice to the other party.

Force majeure clauses include events identified as “acts of God.”  However, the actual application of this principle may vary depending upon the actual words of the contract.

Force majeure describes the particular circumstances that may excuse any contractual obligation upon the happening of a supervening event beyond the control of either of the parties. The test to determine whether the occurrence is a force majeure event is whether the event was reasonably foreseeable in the ordinary course of the industry and was beyond the reasonable control of the party.


Inside Force Majeure Provision