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Force Majeure

by Graham Martin on August 9, 2010 · 3 comments

Lightning_Storm_by_Karkit

… I have already briefly addressed some common ways to get out of a contract, I haven’t touched on any of the more obscure methods for avoiding contractual obligations. So today I will be briefly exploring the concept of force majeure, and its related concept, Acts of God. Force majeure is an excuse for non-performance of a contract, and generally encompasses circumstances beyond the control of the parties that keep one or more of them from …

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Force Majeure Forces Vikings to Stay in Metrodome

November 8, 2011
minnesota vikings mascot

As Minnesotans grapple with the issue of whether to build a new stadium for the Vikings, a new wrinkle has appeared in the argument, which might force the Vikings to play in the Metrodome for an additional year…based on force majeure. I’ve explained force majeure before, but for the uninitiated, here’s the idea: if something out of the control of one or both of the parties to a contract occurs, those parties cannot be held to …

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The Importance of Force Majeure Clauses

January 6, 2011

In a previous post I introduced the concept of Force Majeure and how those clauses act to keep parties to a contract from being injured due to a breach caused by something outside their control. They’re easy enough to understand intellectually, but how often does an act of God really cause a breach of contract? They aren’t really necessary in real life, are they? Turns out they are. When the roof of the Metrodome in Minneapolis coll…

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force majeure

August 27, 2011

An excuse for contract nonperformance if something outside the control of the parties occurs; see Acts of God….

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R, S, T, L, N & E: Commonalities in Contracts

February 11, 2011
red fractal

…llar amount to something absurdly small (like $50 in the case of Apple’s iTunes Terms and Conditions.) 2. Separability (or Severability). Separability/severability is the ability of the rest of the contract to remain in force even if individual clauses are deemed unenforceable. So if you entered into a contract to buy a car from someone, and one of the provisions of the contract stated that you promised to use the car to rob a bank, that cl…

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Fine Print Friday: eBay User Agreement

October 22, 2010

…nd should be responsible for what occurs when the service goes down, if it’s not their fault that their service goes down (due to web hosts, or power outages, or earthquakes, etc.), they could make a reasonable claim of force majeure, and not be responsible for negative results of a service outage. If eBay is found to be liable, though, they can owe the seller up to (a) the total amount of the item being sold, (the total fees paid to eBay i…

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Facebook’s New Rule: No Sharing Passwords

April 6, 2012
i heart facebook

…fuse. The employer may still try to take action to compel you to agree, but now you have Facebook at your back too, and a potential claim for intentional interference with contractual relations based on the employer trying to force you to break your contract with Facebook. Thanks, Facebook. Finally some fine print we can celebrate….

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Greatest Hits: Comcast Cable Contract

August 19, 2011

…nly granted a pro-rated credit for any outage lasting more than 24 consecutive hours, with that credit not exceeding the full monthly charge for the service. No extra damages are credited, and this credit is also limited by a force majeure clause. And, of course, this credit is at Comcast’s discretion–they are not required to give you anything. The Comcast Subscriber Agreement for Residential Services is too long to continue to write …

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