| Commentary

22.3 Types of force majeure clause

| Commentary

22.3 Types of force majeure clause

The force majeure clauses found in commercial agreements generally:

  1. (a)

        set out a long list of events which are deemed to be beyond the parties’ control (these often occur in older agreements and may contain references to events such as ‘act of God’ and ‘restraint of princes’), for example:

    ‘fire, flood, earthquake, windstorm or other natural disaster ... civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, nationalisation, requisition ...’

  2. (b)

        merely refer to:

    ‘circumstances beyond the control of the parties’

  3.     or:

    ‘any event beyond the reasonable control of either party’;

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