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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)....

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Force majeure in oil and gas: drafting, causation, notice and supply chain impacts under English law

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What is a Force majeure clause

Contractual force majeure (FM) provisions outline what applies when unforeseen events beyond a party’s control hinder performance. Where such circumstances occur, FM terms typically:

  • release the affected party from all or part of its duties, or permit it to pause performance of its contractual obligations
  • grant additional time to comply with time‑bound obligations
  • and, in many instances, allow the contract to be terminated where a prolonged FM event prevents performance

The great majority of international business agreements contain FM language. However, there is no universally accepted definition of “force majeure” or a fixed catalogue of triggering events, as legal systems take different approaches. While civil law jurisdictions often set out express definitions within their national codes, the law of England and Wales has no doctrine of force majeure. In its absence, commercial parties must rely on the doctrine of frustration, which arises where a particular event renders a party’s performance impossible. Owing to this stringent threshold, if alternative means of performance exist a claim for frustration...

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Web page updated on 21/05/2026

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