Act of God · Superior Force · FM Clause
Force majeure is a contract clause that excuses a party from performing its obligations when extraordinary events outside its control — war, natural disaster, government action, pandemic — make performance impossible or impractical. The clause defines which events qualify, what notice must be given, and what remedies apply.
Without a force majeure clause, a party that cannot perform because of an extraordinary event may still be liable for breach. A well-drafted clause changes that: it lists qualifying events (hurricanes, epidemics, sanctions, strikes), requires the affected party to notify the other promptly, suspends obligations while the event continues, and sets a termination right if the event lasts beyond a defined period. The clause does not eliminate payment of amounts already owed or excuse performance that was merely made more expensive — only performance that has become genuinely impossible or commercially impractical.
Force majeure is what you read first when a crisis hits. Whether a hurricane, sanction, regulatory change, or pandemic excuses your non-performance depends entirely on how this clause is drafted. A narrow clause that only lists "acts of God" may not cover a government shutdown. A broad clause with a non-exhaustive "including but not limited to" list usually covers more than a closed list. Re-reading force majeure clauses in your existing contracts before a crisis — not during one — is how legal teams reduce exposure when the next disruption hits.
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