The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:
Coronavirus (COVID-19): In addition to the below content on force majeure generally, see also:
Coronavirus (COVID-19) toolkit—Contracts
Coronavirus (COVID-19) and contractual obligations—checklist
together with the Q&A (in the related content pod on the right hand side) for specific guidance on the issues to consider if your contract is impacted by coronavirus.
This Practice Note may also be considered alongside Practice Notes:
Force majeure clause analysis—a practical guide
Force majeure—key and illustrative decisions
The key features of force majeure are:
a 'force majeure clause' applies to a contractual term providing for one (or both) parties to be excused from performance on the happening of a specified event outside the parties' control
the meaning and effect of a force majeure clause depends on its wording
a force majeure clause may be capable of challenge under unfair contract terms legislation, eg, under the Unfair Contract Terms Act 1977 (UCTA 1977) and, for consumer contracts, the Consumer Rights Act 2015 (CRA 2015)
Force majeure clauses are often seen in contracts for those industries which are more typically vulnerable to catastrophic occurrences, such as:
the energy industry—see Practice Note: Force Majeure in oil and gas contracts
the construction industry—see Practice Note: Force majeure in construction contracts
In English law, the expression 'force majeure' does not refer
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.