Force Majeure Clause Excusing Performance After Extraordinary Events

A force majeure clause addresses whether extraordinary events beyond a party's control may excuse or delay contract performance.

A force majeure clause addresses whether extraordinary events beyond a party’s control may excuse or delay contract performance.

The phrase is often translated as “superior force.”

Why a force majeure clause matters

Unexpected events can make performance impossible, illegal, unsafe, or commercially disrupted. A force majeure clause helps allocate that risk before a crisis happens.

The clause is usually read closely. Covered events, notice duties, mitigation, delay rights, and termination rights all matter.

Where a force majeure clause appears

Force majeure clauses appear in supply contracts, construction contracts, leases, event contracts, shipping agreements, energy contracts, software agreements, and service contracts.

They may list events such as natural disasters, war, labor disruption, government orders, epidemics, or utility failures.

How it differs from nearby terms

Force majeure concerns extraordinary outside events. Termination for convenience allows exit without proving a covered event or breach.

A limitation of liability clause limits recovery, while force majeure addresses whether performance is excused or delayed.

Practical example

A manufacturer cannot deliver goods because a government order closes the production facility. The contract’s force majeure clause determines whether delay is excused and what notice is required.

Quick check

Question: Does force majeure usually involve extraordinary events beyond a party’s control?

Answer: Yes. The clause addresses whether those events excuse or delay performance.