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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)....

Model force majeure and business continuity clause: definitions, notice and mitigation, suspension of obligations, termination/renegotiation thresholds, fee consequences, and interaction with business continuity plans/events

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Definitions

Business Continuity Event means any event (whether a natural or human-made phenomenon or happening) that disrupts the Customer’s ordinary day-to-day business activities, including business functions, operations, or processes of the Customer (whether foreseen or unforeseen), and that prevents or delays a party from carrying out its obligations to Third parties or from receiving the full benefit of the services in accordance with the provisions of this Agreement;
Force majeure means an event or series of events beyond a party’s reasonable control that prevents or delays the performance of its obligations under this Agreement. [ Insert circumstance not constituting force majeure eg a Business Continuity Event, inability to pay ] is not Force Majeure...

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Web page updated on 22/05/2026

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