Force Majeure: Lessons from the Pandemic
Acts of God, War, and Pandemics. When can you legally walk away from a contract?
In 2020, the world stopped. Event planners, wedding venues, and conferences were cancelled. Everyone scrambled to read their "Force Majeure" clause. Did it cover pandemics?
What is Force Majeure?
French for "Superior Force." It excuses you from performing your contractual duties if an unforeseeable, uncontrollable event occurs (Act of God).
The "List" Matters
Courts interpret these clauses strictly. If your clause listed "Fire, Flood, Earthquake, War" but didn't list "Pandemic" or "Disease," many courts ruled you still had to pay.
Lesson: Modern contracts now explicitly include "Pandemics, Epidemics, Government Shutdowns, and Public Health Emergencies."
Impossibility vs. Inconvenience
Force Majeure only applies if performance is Impossible. If it's just "more expensive" or "difficult," you are still on the hook.
Example: If a shipping lane is blocked, but you could ship via air freight (at 10x cost), Force Majeure might not save you.
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