The following Commercial Q&A Produced in partnership with Richard Nicholas of Browne Jacobson provides comprehensive and up to date legal information covering:
There is no judicially accepted definition of the term ‘force majeure’, so what the parties mean by it must be expressly set out in the contract (ie just referring to ‘force majeure’ doesn’t work) and any specific requirements relating to the procedural aspects of invoking a force majeure clause should be followed by the relevant parties.
Force majeure provisions often state that, upon the occurrence of a specified event which is outside of a party’s reasonable control, that party will be excused from performing part or all of its specific obligations under the contract (and at some later point, maybe have a right to terminate the contract) and will not be liable for failing to perform those obligations.
If a party wishes to trigger a force majeure clause, consider the following:
This will depend on the scope of the definition of ‘force majeure’ or ‘force majeure event’ in the contract. A reference to ‘usual force majeure clauses’ has been held void for uncertainty. Furthermore, listing a series of circumstances that will be force majeure and adding after the list the words ‘any event or sequence of events beyond a party’s reasonable control’, may qualify and undermine the ‘catch-all’ language by the previously listed events. The ejusdem generis principle, provides that where a contractual term contains a list of specific words with some
**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
This Practice Note considers the meaning and use of conditions precedent in commercial arrangements. It also considers typical conditions precedent and drafting issues.What are conditions precedent?A condition precedent in a commercial contract details an event which must take place before:•a
What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by
Overlapping insurance policesThere are various reasons why an insured may end up with overlapping insurance cover, whether deliberately or otherwise.Examples include the situation where the insured takes the benefit of other insurance arranged by another party or where, in the commercial world, risk
A declaratory judgment is a judgment identifying the rights, duties or obligations of one or more parties in a dispute. It is legally binding, but does not order any action by a party. A court may issue it alone or in conjunction with some other relief such as an injunction and can be granted on an
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.