Force Majeure


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Force Majeure

 

(irresistible force), in civil law, a circumstance that discharges a person from responsibility. The term ”force majeure” refers to an extraordinary event whose harmful consequences could not be averted by the person responsible for averting them. Among such events are natural disasters (earthquakes, floods) and social phenomena, for example, war. Although it can not be averted, force majeure is relative: an event that is irresistible under some conditions may not be irresistible under others.

As a rule, force majeure discharges a person from property responsibility if it was the cause of a violation of the law and the obligated person is not at fault. In some cases, the offender bears property responsibility even in the presence of force majeure (for example, under art. 101 of the Air Code of the USSR). Force majeure is also grounds for suspending the running of a period of limitation of actions.

References in periodicals archive ?
indicate reluctance on the part of the British courts to find an event of force majeure that will excuse contractual or other legal liability in the absence of truly exceptional circumstances.
Purchasers may also wish to negotiate for downstream events of Force Majeure, such as events affecting the purchaser's vessel or its regasification facilities.
Insiders say those producers who have had mixed track records delivering success to their studios are most likely to feel the burn of force majeure separation.
Force majeure was declared due to essential maintenance repairs at Dow's Texas City, TX, plant that required the plant to be idle for approximately two weeks.
Nova Chemicals has issued force majeure notices to Lanxess regarding the raw material supply since October 2005.
However, New York Courts take a strict view of force majeure clauses as well.
The force majeure will remain in affect until advised otherwise by Sartomer.
But the buyer might refuse, claiming force majeure and thereby delaying shipment, or demanding instead that the exporter pay any additional cost at the receiving end.
Most standard contracts include a force majeure clause, which basically protects the supplier/manufacturer from unexpected circumstances ( something which experts at Eversheds believe the last-minute change in date would be classed as.
A force majeure event that has a material impact on the performance of the services for a minimum period (usually this is a termination right for the customer only, and a force majeure event should not relieve the provider from activating a disaster recovery or business continuity plan if otherwise part of the agreed-upon services); and
Superior Court Judge Greg Canova said, in effect, that Blethen and Times officials could not have it both ways -- claiming two years ago that the JOA's force majeure clause applied to the 49-day Christmas season strike in 2000, then saying in court this year that it did not.