Legal Glossary
Force Majeure
A clause that excuses a party from fulfilling contract obligations due to extraordinary, unforeseeable events beyond their control.
Legal Definition
Force majeure (French for 'superior force') is a contract provision that excuses one or both parties from performing their contractual obligations when an extraordinary event — beyond their reasonable control — makes performance impossible or commercially impractical. Common force majeure events include natural disasters (earthquakes, floods, hurricanes), acts of war, government actions or regulations, strikes, pandemics, and terrorist attacks. The clause typically specifies what events qualify, how notice must be given to invoke the clause, and what happens to the contract during and after the force majeure event.
In Plain English
Force majeure is essentially a 'get out of your obligations' clause for situations nobody could have planned for. If a hurricane destroys your rented office, a force majeure clause might excuse you from paying rent during the closure. If a pandemic forces government-mandated business closures, force majeure is the clause parties invoke to suspend performance. The catch: not all force majeure clauses are equal. Some are narrow (only literal 'acts of God' — natural disasters). Others are broad (including government actions, market disruptions, or supply chain failures). Whether the clause is triggered, how quickly you must give notice, and what it actually excuses all depend on the exact wording.
Real-World Example
A wedding venue has a commercial lease with a force majeure clause listing 'government-mandated closures' as a trigger event. COVID-19 lockdowns shut down events for months. The venue invokes force majeure to suspend rent payments during the closure. The landlord contests whether a pandemic qualifies under the clause's specific language. This exact scenario generated massive litigation in 2020–2021, with courts reaching different conclusions based on the precise wording of each individual force majeure clause.