Force majeure clauses relieve contracting parties of their contractual obligations, if events outside their control mean they are unable to perform. Commercially these clauses can be very significant, particularly in situations where the contracting parties could be exposed to large liabilities if they remained legally obliged to perform obligations that were impossible to achieve. Accordingly, the exact scope and nature of a force majeure clause can be contentious and heavily negotiated during the development of a contract.
Elwood Law has developed a guide on this topic aimed at experienced contract drafters. It considers:
- How the law treats force majeure events in the absence of a specific clause.
- What provisions are commonly found in force majeure clauses.
- How force majeure clauses are interpreted.
Download the full Elwood Law Business Guide, Excuse me! Drafting force majeure clauses.