Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Force majeure definition

What does Force majeure mean? Force majeure describes a contractual mechanism allocating the risk of events beyond a party’s reasonable control that prevent, hinder or delay performance (for example, natural disasters, war, epidemics/pandemics, strikes, or government action). It is not a free‑standing legal doctrine in England & Wales, Scotland, Northern Ireland or Ireland; its effect depends entirely on the wording of a force majeure clause, which courts interpret strictly by reference to case law rather than any statutory definition. Typical clauses list specified events plus a catch‑all, require prompt notice and reasonable mitigation, and provide relief from breach (suspension or an extension of time)....

B2B contracts for unforeseen events: drafting force majeure, termination, hardship, continuity, pricing and liability clauses (English law)

Published by a LexisNexis Commercial expert

Practice notes

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Practice Note

This Practice Note offers practical guidance for general commercial practitioners on matters to weigh up when drafting a business-to-business agreement or arrangement intended to minimise the harmful consequences of unforeseen events, shifts in the economic climate, crisis, disaster, or other circumstances beyond the contracting parties' control. It is equally pertinent for practitioners when preparing a contract during a force majeure or other ongoing disruptive event.

The Practice Note also examines illegality, hardship, business continuity, rights to terminate, and key risk-mitigation clauses, including those addressing price variation, currency exchange fluctuations, indemnities, insurance, and contract review. For a concise 'how to' guide on preparing contracts to cover unforeseen events that signposts relevant content, with links to potentially relevant issues such as clauses dealing with force majeure, and other commercial and practical considerations, see Practice Note: How to draft a contract to cover unforeseen events. Legal practitioners frequently draft contracts with a view to anticipating the 'worst case scenario'. Typically, this can involve incorporating standard boilerplate and commercial provisions that will favour the drafting party, protecting them in the event of the other party's default, or the default of its contractors (which is treated as being within the control of the contracting party)...

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Web page updated on 21/05/2026

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