majeure

Contract LawLegal glossary term

Legal Definition

A contractual term that excuses one or both parties from liability for breach of contract, typically when an event beyond the control of the parties prevents performance. It is a crucial concept in contract law to define excusable delays or failures.

Plain-English Translation

Imagine a situation where something unexpected happens—like a sudden storm or a major earthquake—that makes it impossible for someone to finish their agreed-upon task on time. 'Force majeure' means that the event was so big and outside of your control that you can legally say, 'The fault is not ours,' and therefore, the delay or failure in the contract is excused.

Context in Contracts

It matters because it provides a legal mechanism to argue that a delay or failure in contractual obligations was not the fault of the contracting party. It shifts the burden of proof regarding performance delays when an event makes the performance impossible or significantly harder.

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01

A clause in a lease agreement stating that delays due to a declared hurricane will be excused.

02

A legal claim where a party argues that a delay in delivery is excusable because of a widespread strike.

Document context

How majeure shows up in legal documents

What is it?

A contractual provision that excuses one or both parties from liability for a breach of contract when performance is delayed or prevented by an event beyond the control of the parties, such as natural disasters, war, strikes, or other unforeseen circumstances.

Why does it matter?

It matters because it provides a legal mechanism to argue that a delay or failure in contractual obligations was not the fault of the contracting party. It shifts the burden of proof regarding performance delays when an event makes the performance impossible or significantly harder.

When does it matter?

When parties are dealing with contracts where unforeseen, external events prevent timely performance, such as natural disasters, war, strikes, or other unavoidable circumstances that render a contractual obligation temporarily unperformable.

Where is it usually seen?

In legal documents like contracts, statutes, and litigation filings, particularly in clauses addressing the excusable delay or failure of performance under specific external circumstances.

Who is affected?

The parties involved in a contract, including the contracting parties, the plaintiff/claimant, and the defendant/respondent.

How does it work?

It works by establishing that an event (like a 'force majeure' event) was the cause of a delay or failure, thereby legally excusing the performance obligation under the contract. It requires careful documentation to prove the event was truly beyond control.

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