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 ?
Anne could not avoid liability under the force majeure provision because there were in fact markets available to St.
Under the BG Agreement, the loss of an export authorization due to the actions of another buyer does not constitute an event of Force Majeure under an unrelated contract.
International contractors may claim compensation due to the fact that the Gaddafi regime was responsible for the force majeure event.
Without the incorporation of the specific cause within a force majeure clause, it is an open question as to whether a catch-all force majeure provision would cover a given situation.
The agreement between the two parties also provides that UK Coal will not pursue the force majeure notice served on Drax Power earlier this year.
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.
However, force majeure is of little effect where the contract is already performed and the goods have been sold.
Two issues deserve consideration for most franchisors: the force majeure clause and the arbitration clause.
The shutdown forced Occidental Petroleum, which owns 35% of the line and operates the 120,000 b/d Cano Limon oil field, to declare force majeure on oil exports.
PITTSBURGH -- PPG Industries (NYSE:PPG) today announced that it has declared force majeure for vinyl chloride monomer manufactured at the company's Lake Charles, La.
Yemen's Aden Refinery Company has declared force majeure on its oil imports and exports, a refinery source says, as the civil war escalated.
In an effort to get out of a contract to buy natural gas from Iran, the Pakistani government has invoked force majeure on the agreement to build a cross-border pipeline.