Force Majeure in United Kingdom

Definition of Force Majeure

In accordance with the work A Dictionary of Law, this is a description of Force Majeure : (French)

Irresistible compulsion or coercion. The phrase is used particularly in commercial contracts to describe events possibly affecting the contract and that are completely outside the parties’ control. Such events are normally listed in full to ensure their enforceability; they may include *acts of God, fires, failure of suppliers or subcontractors to supply the supplier under the agreement, and strikes and other labour disputes that interfere with the supplier’s performance of an agreement. An express clause would normally excuse both delay and a total failure to perform the agreement.

Force Majeure in Contract Formation

It is often advisable to include this term in any contract.

In Pinsent Mason’s words:
This clause should cover situations where performance of the contract is impossible through no fault of either party. For example, if there is a natural disaster or civil unrest.

Definition of Force Majeure

Force majeure is a term used in agreements and, literally translated from the french, means “superior forces”.