force majeure
A provision commonly found in contracts that frees both parties from obligation if an extraordinary event prevent one or both parties from performing. These events must be unforeseeable and unavoidable, and not the result of the defendant's actions, hence they are considered "an act of god".
Examples:
A natural disaster (major earthquake, flood or hurricane) may be a force majeure if unpredictable
A rainstorm during an outdoor event is not - rain is a normal and common occurrence.
A war, or riot may be considered a force majeure.
Definition from Nolo’s Plain-English Law Dictionary
A contract provision that excuses performance if its rendered impractical by a supervening event (sometimes known as an Act of God) -- for example, a fire. French for "a greater force."
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:16 pm
