Force Majeure
Also called: Act of God Clause
A force majeure clause excuses a party from performing its contractual obligations when prevented by defined events outside its reasonable control — such as natural disasters, war, or government action. It suspends or terminates obligations rather than treating non-performance as a breach.
In more detail
Force majeure is a creature of the contract, not a general background right in most legal systems. If the clause does not list an event, that event usually will not excuse performance — which is why the specific list matters far more than the label.
Well-drafted clauses specify what happens procedurally: notice requirements, whether obligations are suspended or terminated, how long the suspension can run before either party can exit, and whether payment obligations continue during the event.
Since 2020, pandemic and epidemic language has become a standard inclusion rather than an afterthought, and many clauses now separately address supply-chain disruption and cyber incidents.
A manufacturer cannot ship because a government export ban is imposed mid-contract. If "government action" is listed as a force majeure event, the manufacturer is excused for the duration rather than liable for late delivery — but only if it gives notice within the period the clause requires.
What our lawyers check
- Whether the listed events actually cover the realistic disruptions for your industry
- Notice requirements and the deadline for giving them
- Whether payment obligations continue while performance is suspended
- The long-stop: how long the event can continue before either side can terminate
Contracts where this clause matters
Related terms
This definition is general information about commercial contracting practice, not legal advice. How a clause operates depends on the specific wording of your agreement and the law that governs it. For advice on your contract, have it reviewed by a lawyer.
All glossary terms