VLVL2 (9): Force Majeure

Tim Strzechowski dedalus204 at comcast.net
Fri Nov 14 22:15:15 CST 2003


145.16:  "As they took off, rising up the mud cliffsides crumbling away now in dark roaring collapses, Takeshi remembered his car, still at the parking lot.  could he go to the rental company and plead force majeure yet again, thin as the excuse was by now?"

 
Force Majeure literally means "greater force". These clauses excuse a party from liability if some unforseen event beyond the control of that party prevents it from performing its obligations under the contract. Typically, force majeure clauses cover natural disasters or other "Acts of God", war, or the failure of third parties--such as suppliers and subcontractors--to perform their obligations to the contracting party. It is important to remember that force majeure clauses are intended to excuse a party only if the failure to perform could not be avoided by the exercise of due care by that party. [...]

http://www.library.yale.edu/~llicense/forcegen.shtml

Also see:

http://www.hyperdictionary.com/dictionary/force+majeure

and:

"Basically, a clause that benefits both sides. A general example would be when you buy a house; Should the house burn down due to a lightning strike, neither party remains obligated."
 
http://www.investopedia.com/terms/f/forcemajeure.asp
 
 
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