Once you have shown a lack of control, you must show causality: that the non-compliance with the agreement was caused by the event, and not on another event that occurred at the same time. If the contract is to be executed in an area where there are regular overflows, the parties are expected to know that it could only flood. It will not be a force majeure event unless it is a heavy tide. As interpreted by the English courts, the term force majeure has a broader meaning than “the act of God” or vis major. The judges agree that strikes and machine failures, which are not normally included in the main function, are involved in force majeure. (However, in the event of a machine failure, negligent maintenance defects may negate force majeure claims, as the maintenance or absence of the machine is within the owner`s control area.) Force majeure events are unusual and unpredictable circumstances. They are out of the control of the company. Force majeure events usually become before or after words such as: There may be more than one force majeure event that can be relied upon in the circumstances. Comment: Typical force majeure events include natural causes (fires, storms, floods), state or social actions (war, invasion, unrest, labour strikes), infrastructure failures (transportation, energy), etc. Given the Covid 19 pandemic, this sample also includes epidemics, pandemics and quarantines.
As a general rule, the party affected by a case of force majeure is required to immediately inform the party in writing of the force majeure event (in detail) and the likely duration of the event on the game. Some agreements may provide that an interruption of a party`s performance due to a case of force majeure, which goes beyond a certain period, will result in the termination of the contract. These strict requirements imposed by the courts may be imposed by clear contractual conditions in the force majeure clause. If a company is to be exempt from an event that results in this result, it must be specified in the contract, with the exception of a force majeure clause. If you can accept delivery with reasonable means within the appropriate time frame, a labour strike does not give you a defence against a claim to a force majeure clause. – It can be said that the parties considered that the failure of a party to immediately inform the other party of the cause of its non-compliance, or the failure to indicate any possible indication of the likely duration of the case, should deter the party concerned from relying on any confidence in the case clauses of force majeure in the contracts, the consequences of a failure caused by events outside the parties “avoids” (or which , depending on how it is designed) to control delays, hinder or prevent performance. The event of force majeure must be the sole reason for non-compliance with an obligation. If the event is part of the treaty-defined force majeure event, the party who violates the benefit receives the pardon. But that has to be said in the treaty clause. – the clear implication that the condition must be determined in favour of the clause, since the case of force majeure is interpreted differently in all legal systems, it is customary for contracts to contain specific definitions of force majeure, particularly at the international level.