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Force majeure

Index Force majeure

Force majeure – or vis major (Latin) – meaning "superior force", also known as cas fortuit (French) or casus fortuitus (Latin) "chance occurrence, unavoidable accident", is a common clause in contracts that essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties, such as a war, strike, riot, crime, or an event described by the legal term act of God (hurricane, flood, earthquake, volcanic eruption, etc.), prevents one or both parties from fulfilling their obligations under the contract. [1]

39 relations: Act of God, Bürgerliches Gesetzbuch, Civil Code of Argentina, Coal, Common law, Conseil d'État (France), Contract, Earthquake, Flood, Force majeure, Frustration of purpose, Geology, Hainan Island incident, Hardship clause, Hell or high water clause, Impossibility, Impracticability, International law, Latin, Law of France, Law of Germany, Legal liability, Meeting of the minds, Mining, Misfeasance, Napoleonic Code, Negligence, Principles of International Commercial Contracts, Riot, Royal Society of Thailand, State of emergency, Strike action, Substantial performance, Supreme Court of India, Tropical cyclone, Types of volcanic eruptions, UNIDROIT, United States Navy, War.

Act of God

In legal usage throughout the English-speaking world, an act of God is a natural hazard outside human control, such as an earthquake or tsunami, for which no person can be held responsible.

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Bürgerliches Gesetzbuch

The Bürgerliches Gesetzbuch, abbreviated BGB, is the civil code of Germany.

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Civil Code of Argentina

The Civil Code of Argentina was the legal code in force between 1871 and 2015, which formed the foundation of the system of civil law in Argentina.

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Coal

Coal is a combustible black or brownish-black sedimentary rock usually occurring in rock strata in layers or veins called coal beds or coal seams.

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Common law

Common law (also known as judicial precedent or judge-made law, or case law) is that body of law derived from judicial decisions of courts and similar tribunals.

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Conseil d'État (France)

In France, the Council of State (Conseil d'État) is a body of the French national government that acts both as legal adviser of the executive branch and as the supreme court for administrative justice.

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Contract

A contract is a promise or set of promises that are legally enforceable and, if violated, allow the injured party access to legal remedies.

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Earthquake

An earthquake (also known as a quake, tremor or temblor) is the shaking of the surface of the Earth, resulting from the sudden release of energy in the Earth's lithosphere that creates seismic waves.

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Flood

A flood is an overflow of water that submerges land that is usually dry.

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Force majeure

Force majeure – or vis major (Latin) – meaning "superior force", also known as cas fortuit (French) or casus fortuitus (Latin) "chance occurrence, unavoidable accident", is a common clause in contracts that essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties, such as a war, strike, riot, crime, or an event described by the legal term act of God (hurricane, flood, earthquake, volcanic eruption, etc.), prevents one or both parties from fulfilling their obligations under the contract.

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Frustration of purpose

Frustration of purpose, in law, is a defense to enforcement of a contract.

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Geology

Geology (from the Ancient Greek γῆ, gē, i.e. "earth" and -λoγία, -logia, i.e. "study of, discourse") is an earth science concerned with the solid Earth, the rocks of which it is composed, and the processes by which they change over time.

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Hainan Island incident

The Hainan Island incident occurred on April 1, 2001, when a United States Navy EP-3E ARIES II signals intelligence aircraft and a People's Liberation Army Navy (PLAN) J-8II interceptor fighter jet collided in mid-air, resulting in an international dispute between the United States of America and the People's Republic of China (PRC).

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Hardship clause

Hardship clause is a clause in a contract that is intended to cover cases in which unforeseen events occur that fundamentally alter the equilibrium of a contract resulting in an excessive burden being placed on one of the parties involved.

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Hell or high water clause

A hell or high water clause is a clause in a contract, usually a lease, which provides that the payments must continue irrespective of any difficulties which the paying party may encounter (usually in relation to the operation of the leased asset).

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Impossibility

In contract law, impossibility is an excuse for the nonperformance of duties under a contract, based on a change in circumstances (or the discovery of preexisting circumstances), the nonoccurrence of which was an underlying assumption of the contract, that makes performance of the contract literally impossible.

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Impracticability

The doctrine of impracticability in the common law of contracts excuses performance of a duty, where that duty has become unfeasibly difficult or expensive for the party who was to perform.

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International law

International law is the set of rules generally regarded and accepted as binding in relations between states and between nations.

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Latin

Latin (Latin: lingua latīna) is a classical language belonging to the Italic branch of the Indo-European languages.

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Law of France

In academic terms, French law can be divided into two main categories: private law ("droit privé") and public law ("droit public").

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Law of Germany

The Law of Germany (Recht Deutschlands), that being the modern German legal system (Deutsches Rechtssystem), is a system of civil law which is founded on the principles laid out by the Basic Law for the Federal Republic of Germany, though many of the most important laws, for example most regulations of the civil code (Bürgerliches Gesetzbuch, or BGB) were developed prior to the 1949 constitution.

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Legal liability

In law, liable means "esponsible or answerable in law; legally obligated." Legal liability concerns both civil law and criminal law and can arise from various areas of law, such as contracts, torts, taxes, or fines given by government agencies.

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Meeting of the minds

Meeting of the minds (also referred to as mutual agreement, mutual assent or consensus ad idem) is a phrase in contract law used to describe the intentions of the parties forming the contract.

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Mining

Mining is the extraction of valuable minerals or other geological materials from the earth, usually from an orebody, lode, vein, seam, reef or placer deposit.

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Misfeasance

Misfeasance, nonfeasance and malfeasance are types of failure to discharge public obligations existing by common law, custom or statute.

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Napoleonic Code

The Napoleonic Code (officially Code civil des Français, referred to as (le) Code civil) is the French civil code established under Napoléon I in 1804.

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Negligence

Negligence (Lat. negligentia) is a failure to exercise appropriate and or ethical ruled care expected to be exercised amongst specified circumstances.

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Principles of International Commercial Contracts

The Principles of International Commercial Contracts (PICC) of 2010 is a document drawn up by UNIDROIT intended to help harmonize international commercial contracts law.

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Riot

A riot is a form of civil disorder commonly characterized by a group lashing out in a violent public disturbance against authority, property or people.

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Royal Society of Thailand

The Royal Society of Thailand (ราชบัณฑิตยสภา), formerly known as the Royal Society of Siam, is the national academy of Thailand in charge of academic works of the government.

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State of emergency

A state of emergency is a situation in which a government is empowered to perform actions that it would normally not be permitted.

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Strike action

Strike action, also called labor strike, labour strike, or simply strike, is a work stoppage caused by the mass refusal of employees to work.

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Substantial performance

At common law, substantial performance is an alternative principle to the perfect tender rule.

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Supreme Court of India

The Supreme Court of India is the highest judicial forum and final court of appeal under the Constitution of India, the highest constitutional court, with the power of constitutional review.

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Tropical cyclone

A tropical cyclone is a rapidly rotating storm system characterized by a low-pressure center, a closed low-level atmospheric circulation, strong winds, and a spiral arrangement of thunderstorms that produce heavy rain.

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Types of volcanic eruptions

Several types of volcanic eruptions—during which lava, tephra (ash, lapilli, volcanic bombs and volcanic blocks), and assorted gases are expelled from a volcanic vent or fissure—have been distinguished by volcanologists.

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UNIDROIT

UNIDROIT (formally, the International Institute for the Unification of Private Law; French: Institut international pour l'unification du droit privé) is an intergovernmental organization on harmonization of private international law; its projects include drafting of international conventions and production of model laws.

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United States Navy

The United States Navy (USN) is the naval warfare service branch of the United States Armed Forces and one of the seven uniformed services of the United States.

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War

War is a state of armed conflict between states, societies and informal groups, such as insurgents and militias.

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Redirects here:

Cas fortuit, Casus fortuitus, Force Majeure, Force Majore, Force majeur, Force majeure clause, Force majore, Force majuere, Force majure, Force mejeure, Force mejure, Force-majeure, Vis major.

References

[1] https://en.wikipedia.org/wiki/Force_majeure

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