Force majeure and H5N1      

By Leisa Boley Hellwarth

Force majeure, translated from French, means “superior forces.” This is a legal term that frequently appears as a clause in a contract. A force majeure clause is a contract provision that excuses one or both parties from fulfilling their obligation when an unforeseen event occurs.

A force majeure clause protects parties from liability for non-performance. It ensures that parties who are suffering due to unforeseen events aren’t penalized. Force majeure provides a safety net for parties involved in a contract. What constitutes a force majeure event is specified in the contract clause. The clause excuses the affected party from performing their obligations. The affected party is not liable for their failure to perform.

A force majeure clause is important because it protects businesses and individuals from potential legal and financial repercussions and ensures fairness and clarity for both parties. Examples of force majeure events include: natural disasters such as floods, earthquakes and droughts; acts of war such as invasions, hostilities and embargoes; riots, strikes and other forms of civil unrest; acts of terrorism; governmental actions; labor conditions; disease, epidemic and pandemic, such as H5N1.… Continue reading