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The difference between the two concepts is that hardship is the performance of the disadvantaged party becoming much more burdensome but still possible. Force majeure refers to a party's contractual requirements have become impossible, at least temporarily.
Neither the Custodian nor the Trust shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or
There are four necessary components of a force majeure clause:It must define the breach for which a promisor seeks to be excused.It must define the force majeure event itself.It must require (and define) the causal connection between these two.It must explain what will happen if performance is excused.
If a contract does not include a force majeure clause, the parties would have to ascertain in light factors such as the nature of the contract, the nature of event and so forth, as to whether Section 56 of the Contract Act (which deals with agreements between the parties to do an impossible act) and which has been
For example, parties in the United States have used the COVID-19 pandemic as a force majeure in an attempt to escape contractual liability by applying the elements of an (1) unforeseeable event, (2) outside of the parties' control, that (3) renders performance impossible or impractical.