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Editorial

Force majeure

Definition

A contractual clause excusing a party from performance on the occurrence of events beyond their reasonable control. In civil law systems it may also operate as a general principle; in common law systems it exists only if the contract provides for it.

In plain English: A clause saying nobody is in breach if something neither side could control makes performance impossible.

A civil law definition. The term may mean something different, or nothing at all, in another legal system.

Legal family: civil law

Usage

English law has no general doctrine of force majeure. Without an express clause, a party must rely on frustration, which is far narrower.

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