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CONTRACTS

What is a force majeure clause and when does it apply?

SHORT ANSWER

It excuses a party from performing when extraordinary events beyond their control — natural disasters, war, sometimes pandemics — make performance impossible. Whether it applies depends on the exact wording.

A force majeure clause addresses what happens when the unexpected and uncontrollable strikes — natural disasters, war, government actions, and sometimes pandemics — preventing a party from fulfilling the contract. If it applies, the affected party may be excused from performance or given more time, without being in breach. The critical detail is the specific language: force majeure clauses only cover events they actually list or clearly encompass, and courts read them narrowly. Whether something like a pandemic or supply shortage qualifies often comes down to the exact wording and how "beyond reasonable control" is defined.

What to do, in order

  1. Locate the force majeure clause in the contract.
  2. Read exactly which events it lists or covers.
  3. Check whether your situation fits that specific language.
  4. Note any notice requirements to invoke it.
  5. Understand courts interpret these clauses narrowly.

Common questions

Does force majeure cover pandemics?

Only if the clause’s language reasonably includes it — some explicitly list epidemics/pandemics, others don’t. Courts read these clauses narrowly based on their wording.

Do I have to give notice to use a force majeure clause?

Often yes — many clauses require prompt written notice to the other party. Missing a notice requirement can undermine your ability to rely on it.

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Main AI explains documents and general legal rights in clear terms. It is not a law firm and does not provide legal advice. Laws vary by state and change over time — verify specifics for your jurisdiction, and consult a licensed professional for advice on your situation.