Drafting Skills · glossary

Force majeure

An event a party cannot control that excuses it from its duties while the event lasts. The Agreement lists the events, then says what is out. A strike by a party’s own staff, or a shortage of parts or labour, counts only if a listed event causes it. Agreement, clause 15.1 · Chapter 3 · see Ejusdem generis

Explained in Chapter 3, Contract Interpretation: How Courts Read Unclear Wording, of Drafting Skills.

The main page for this term is Force majeure, in Distribution Agreements.

How it comes up, in Chapter 3
The second rule matters most in a force majeure clause. That clause excuses a party when an event it cannot control stops it doing its job. Version 1 ended its list with general words. The Agreement names what is in, and then what is out.
Read Chapter 3, Contract Interpretation: How Courts Read Unclear Wording →

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Where this term lives

This term is part of one fictional contract, from term sheet to signing, with every document attached and a test after every chapter. Open Drafting Skills → · All terms A–Z →