Uniform Commercial Code File Force Majeure
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FAQ
Force majeure is a clause that is included in contracts to remove liability for unforeseeable and unavoidable catastrophes that interrupt the expected course of events and prevent participants from fulfilling obligations. These clauses generally cover both natural disasters and catastrophes created by humans.
What Is the Difference Between Force Majeure and Act of God? Generally speaking, an act of God includes acts of nature only. Force majeure, meanwhile, includes both acts of nature and extraordinary circumstances due to human intervention.
The event must be either unforeseeable or unavoidable; The event must be such as to render it impossible for the debtor to fulfill his obligation in a normal manner; and. The party claiming did not participate in, nor aggravate, the injury to the other party.
What are examples of force majeure? Events that could potentially trigger a force majeure clause include war, terrorist attacks, and a pandemic, or natural disasters that fall under the ?act of God? category, such as a flood, earthquake, or hurricane.
Neither Party will be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes (which causes are hereinafter referred to as ?Force Majeure?), to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, ...