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Force majeure, the Glossary

In contract law, force majeure is a common clause in contracts which essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties, such as a war, strike, riot, crime, epidemic, or sudden legal change prevents one or both parties from fulfilling their obligations under the contract.^[1]

46 relations: Act of God, Breach of contract, Civil code of Argentina, Clausula rebus sic stantibus, Coal, Conseil d'État, Contract, Court of Appeals of the Philippines, COVID-19 pandemic, Flash flood, Fundamental breach, Geology, Hainan Island incident, Hardship clause, Hell or high water clause, Impossibility of performance, Impracticability, Inflation, Interest rate, International law, Jose W. Diokno, Juan Nakpil, Law of France, Legal liability, Manila, Meeting of the minds, Mining, Misfeasance, Napoleonic Code, Negligence, Obligation, Palacio Arzobispal, Philippines, Principles of International Commercial Contracts, Real estate, State of emergency, Substantial performance, Supreme Court of India, Supreme Court of the Philippines, UNIDROIT, University of Michigan, Vis major, World War II, 1968 Casiguran earthquake, 2021–2023 inflation surge, 2023 Chinese balloon incident.
Contract clauses
French legal terminology

Act of God

In legal usage in the English-speaking world, an act of God, act of nature, or damnum fatale ("loss arising from inevitable accident") is an event caused by no direct human action (e.g. severe or extreme weather and other natural disasters) for which individual persons are not responsible and cannot be held legally liable for loss of life, injury, or property damage.

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Breach of contract

Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance.

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Civil code of Argentina

The Civil Code of Argentina was the legal code in force between 1871 and 2015, which formed the foundation of the system of civil law in Argentina.

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Clausula rebus sic stantibus

Clausula rebus sic stantibus is the legal doctrine allowing for a contract or a treaty to become inapplicable because of a fundamental change of circumstances.

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Coal

Coal is a combustible black or brownish-black sedimentary rock, formed as rock strata called coal seams.

See Force majeure and Coal

Conseil d'État

In France, the Conseil d'État (Council of State) is a governmental body that acts both as legal adviser to the executive branch and as the supreme court for administrative justice, which is one of the two branches of the French judiciary system.

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Contract

A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties.

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Court of Appeals of the Philippines

The Court of Appeals (Hukuman ng Apelasyon) is an appellate collegiate court in the Philippines.

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COVID-19 pandemic

The COVID-19 pandemic (also known as the coronavirus pandemic), caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), began with an outbreak of COVID-19 in Wuhan, China, in December 2019.

See Force majeure and COVID-19 pandemic

Flash flood

A flash flood is a rapid flooding of low-lying areas: washes, rivers, dry lakes and depressions.

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Fundamental breach

Fundamental breach of contract, is a controversial concept within the common law of contract.

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Geology

Geology is a branch of natural science concerned with the Earth and other astronomical objects, the rocks of which they are composed, and the processes by which they change over time.

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Hainan Island incident

The Hainan Island incident was a ten-day international incident between the United States and the People’s Republic of China (PRC) that resulted from a mid-air collision between a United States Navy EP-3E ARIES II signals intelligence aircraft and a Chinese Air Force J-8II interceptor on April 1, 2001.

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Hardship clause

Hardship clause is a clause in a contract that is intended to cover cases in which unforeseen events occur that fundamentally alter the equilibrium of a contract resulting in an excessive burden being placed on one of the parties involved. Force majeure and Hardship clause are contract clauses.

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Hell or high water clause

A hell or high water clause is a clause in a contract, usually a lease, which provides that the payments must continue irrespective of any difficulties which the paying party may encounter, usually in relation to the operation of the leased asset. Force majeure and hell or high water clause are contract clauses.

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Impossibility of performance

The doctrine of impossibility or impossibility of performance or impossibility of performance of contract is a doctrine in contract law.

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Impracticability

The doctrine of impracticability in the common law of contracts excuses performance of a duty, where the said duty has become unfeasibly difficult or expensive for the party who was to perform.

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Inflation

In economics, inflation is a general increase in the prices of goods and services in an economy.

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Interest rate

An interest rate is the amount of interest due per period, as a proportion of the amount lent, deposited, or borrowed (called the principal sum).

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International law

International law (also known as public international law and the law of nations) is the set of rules, norms, and standards that states and other actors feel an obligation to obey in their mutual relations and generally do obey.

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Jose W. Diokno

Jose Wright Diokno (February 26, 1922 – February 27, 1987), also known as "Ka Pepe", was a Filipino nationalist, lawyer, and statesman.

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Juan Nakpil

Juan Felipe de Jesús Nakpil, KGCR, KSS (born Juan Felipe Nakpil y de Jesús; May 26, 1899 – May 7, 1986) known as Juan Nakpil, was a Filipino architect, teacher and a community leader.

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Law of France

French law has a dual jurisdictional system comprising private law (droit privé), also known as judicial law, and public law (droit public).

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Legal liability

In law, liable means "responsible or answerable in law; legally obligated".

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Manila

Manila (Maynila), officially the City of Manila (Lungsod ng Maynila), is the capital and second-most-populous city of the Philippines after Quezon City.

See Force majeure and Manila

Meeting of the minds

Meeting of the minds (also referred to as mutual agreement, mutual assent, or consensus ad idem) is a phrase in contract law used to describe the intentions of the parties forming the contract.

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Mining

Mining is the extraction of valuable geological materials and minerals from the surface of the Earth.

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Misfeasance

Misfeasance, nonfeasance, and malfeasance are types of failure to discharge public obligations existing by common law, custom, or statute.

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Napoleonic Code

The Napoleonic Code, officially the Civil Code of the French (simply referred to as Code civil), is the French civil code established during the French Consulate in 1804 and still in force in France, although heavily and frequently amended since its inception.

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Negligence

Negligence (Lat. negligentia) is a failure to exercise appropriate care expected to be exercised in similar circumstances.

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Obligation

An obligation is a course of action that someone is required to take, whether legal or moral.

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Palacio Arzobispal

The Palacio Arzobispal (Archbishop’s Palace) is the official residence of the Archbishop of Manila, located in Intramuros, Manila.

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Philippines

The Philippines, officially the Republic of the Philippines, is an archipelagic country in Southeast Asia.

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Principles of International Commercial Contracts

The Principles of International Commercial Contracts 2016 (most frequently referred to as UNIDROIT Principles and often also referred to as PICC) is a set of 211 rules for international contracts.

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Real estate

Real estate is property consisting of land and the buildings on it, along with its natural resources such as growing crops (e.g. timber), minerals or water, and wild animals; immovable property of this nature; an interest vested in this (also) an item of real property, (more generally) buildings or housing in general.

See Force majeure and Real estate

State of emergency

A state of emergency is a situation in which a government is empowered to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens.

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Substantial performance

At common law, substantial performance is an alternative principle to the perfect tender rule.

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Supreme Court of India

The Supreme Court of India (ISO: Bhārata kā Sarvōcca Nyāyālaya) is the supreme judicial authority and the highest court of the Republic of India.

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Supreme Court of the Philippines

The Supreme Court (Kataas-taasang Hukuman; colloquially referred to as the Korte Suprema (also used in formal writing), is the highest court in the Philippines. The Supreme Court was established by the Second Philippine Commission on June 11, 1901 through the enactment of its Act No. 136, an Act which abolished the Real Audiencia de Manila, the predecessor of the Supreme Court.

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UNIDROIT

UNIDROIT (formally, the International Institute for the Unification of Private Law; French: Institut international pour l'unification du droit privé) is an intergovernmental organization whose objective is to harmonize private international law across countries through uniform rules, international conventions, and the production of model laws, sets of principles, guides and guidelines.

See Force majeure and UNIDROIT

References

[1] https://en.wikipedia.org/wiki/Force_majeure

Also known as Cas fortuit, Casus fortuitus, Force Majore, Force majeur, Force majeure clause, Force majuere, Force majure, Force mejeure, Force mejure, Force-majeure.

Force majeure, the Glossary

Table of Contents

See also

Contract clauses

French legal terminology

References