Template of clause dealing with force majeure, intended to be inserted in an autonomous international contract (contract without law). This clause is essentially reminiscent of French ordinary law. It is not useful when the contract is governed by French law.
By Franck BEAUDOIN, avocat (attorney-at-law registered in France)
Published on droit.co on 1st December 2021
A party will not incur liability in the event of a contractual breach resulting from a case of force majeure.
Force majeure means an event beyond the control of the debtor of the contractual obligation, which could not have been reasonably foreseen when the contract was concluded and whose effects cannot be avoided by appropriate measures, preventing execution of its obligation by the debtor.
If the impediment is temporary, the performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is final, the contract is automatically terminated and the parties are released from their obligations under the following conditions.
The impossibility of performing the obligation releases the debtor to the same extent when it proceeds from a case of force majeure and it is final, unless he has agreed to do it or he has been previously given notice.
When the impossibility to execute results from the loss of the thing due, the debtor put on notice is nevertheless released if he proves that the loss would have similarly occurred if the obligation had been fulfilled. He is however bound to assign to his creditor the rights and actions attached to the thing.
© FB Juris / droit.co