Force majeure
From The Art and Popular Culture Encyclopedia
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Force majeure (French for "superior force"), also known as cas fortuit (French) or casus fortuitus (Latin), is a common clause in contracts that essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties, such as a war, strike, riot, crime, or an event described by the legal term "act of God" (such as flooding, earthquake, or volcanic eruption), prevents one or both parties from fulfilling their obligations under the contract. However, force majeure is not intended to excuse negligence or other malfeasance of a party, as where non-performance is caused by the usual and natural consequences of external forces (for example, predicted rain stops an outdoor event), or where the intervening circumstances are specifically contemplated.
See also
- Contract law
- Hardship clause
- Hell or high water clause
- Impossibility
- Mutual assent
- Substantial performance
- Vis major