Force Majeure
Contents
Unraveling Force Majeure: A Comprehensive Guide
Explore the intricacies of force majeure, a legal concept designed to mitigate liability for unforeseeable and unavoidable catastrophes that hinder contractual obligations. From its origins in French civil law to its application in modern-day contracts, this article delves into the nuances of force majeure and its implications in various jurisdictions.
Understanding Force Majeure
Force majeure, originating from French civil law, encompasses events beyond human control, such as natural disasters and armed conflict. However, its application varies depending on jurisdiction, with common law systems requiring explicit clauses in contracts to trigger force majeure.
Force Majeure vs. Pacta Sunt Servanda
The concept of force majeure often clashes with the principle of pacta sunt servanda, emphasizing the sanctity of contracts. As awareness of natural and human-induced threats increases, questions arise regarding foreseeability and the external nature of such events.
Example of Force Majeure
In a scenario where an avalanche disrupts a supplier's operations, invoking force majeure may hinge on proving the event's unforeseeability, externality, and irresistibility. However, courts scrutinize the specifics of each case, considering past occurrences and local conditions.
Special Considerations for Force Majeure
The International Chamber of Commerce defines force majeure based on the impracticability of fulfilling contractual obligations due to external, unforeseeable, and unavoidable events. Despite attempts to standardize definitions, proving force majeure remains challenging in international tribunals.