Force Majeure Clause

Bet you never read one until now…

Force majeure clause. It’s one of those boilerplate paragraphs that no one reads until, you know… now. It’s one of the first things I was asked, as an attorney, about the pandemic and contractual obligations on a contract.

A force majeure clause (“force majeure” is French for “superior force”) it is a contractual provision that excuses performance in the event of extraordinary, unforeseeable, and unavoidable circumstances which prevents one or both parties from meeting obligations defined in a contract. It serves to excuse parties…