A descriptive contractual label for the physical impacts of
climate change that, as a single event, series of events or prevailing circumstance, disrupts a community, population or
region and may impede contractual performance. It is not defined in UK or Irish legislation or case law; it is used across contracts to delineate climate-related force majeure or material adverse change triggers and to frame risk allocation, business continuity and supply chain resilience. Typical examples include severe flooding, heatwaves, drought, storms, wildfires or sea-level rise causing widespread disruption to infrastructure, housing, utilities or transport.
Key features commonly specified are: scale (affecting a large number of people), geographic scope (community, population or region), causation (arising from physical climate impacts), and impact on performance [preventing [X OR a party] from performing its obligations under this
agreement].
Across England & Wales, Scotland, Northern Ireland and Ireland, usage is broadly consistent: effect depends on the agreed drafting, with general principles on construction, causation, mitigation, notice and foreseeability applying. Where relied on as force majeure, parties should set clear thresholds, objective criteria and evidence requirements linking the extreme weather or other climate risk to non-performance, to reduce dispute risk and avoid unintended frustration arguments.