The new war in the Middle East has given fresh relevance to the legal term “force majeure.” It’s a clause that can be found buried in many contracts that lets a party off the hook in the event of some unforeseen “act of God.”
A number of oil and commodities companies have invoked the principle since the US and Israel began striking Iran, which responded with its own attacks on multiple countries. QatarEnergy, which operates the world’s largest liquefied natural gas export facility, declared force majeure so that it wouldn’t face penalties for missing contracted deliveries due to events beyond its control. Similarly, Aluminium Bahrain BSC in early March suspended deliveries of metal to some customers under force majeure clauses, citing the risks of shipping through the Strait of Hormuz, a vital waterway south of Iran that connects the Persian Gulf to the Indian Ocean.
What is force majeure?
French for “superior force,” the phrase typically describes an unexpected, external event that makes it impossible for a party to fulfill its obligations under a contract. Force majeure clauses are a common feature of supply agreements and other business deals, and consumers will also find them in the fine print they agree to when they buy such things as plane tickets. Natural disasters such as earthquakes, hurricanes and floods are frequently specified as force majeure events, as was the Covid pandemic. So are human activities such as war, political unrest, terrorist attacks and labor strikes.
How is force majeure invoked?
Often it’s as simple as one party declaring force majeure in a letter to the other.
What if a counterparty disagrees?
One party can challenge another’s invocation of force majeure in court. The decision may hinge on the specific language in the contract and the jurisdiction. Many international commercial contracts operate under English or US law and specify courts in London or New York to decide any disputes.
What if a contract doesn’t include a force majeure clause?
In the US, the law in many states still provides relief to a party if its performance is made impossible or impracticable by unforeseen outside events. In California, for instance, the civil code excuses failure to perform a contract “when it is prevented or delayed by an irresistible, superhuman cause, or by the act of public enemies of this state or of the United States.”
Many jurisdictions will also terminate a contract if an event occurs that totally frustrates its purpose. In a landmark 1903 case, an English court said a man didn’t need to pay a day’s rental on an apartment overlooking the coronation procession of King Edward VII after the event was postponed due to the new monarch’s illness.
On the other hand, some agreements, particularly those in the field of equipment leases, might include so-called hell-or-high-water clauses, which are designed to make sure the terms are honored no matter what.
What’s ‘price majeure’?
It isn’t a legal term but a joke among traders about some buyers using any excuse to walk away from a contract when prices have moved against them.
Disclaimer: This report is auto generated from the Bloomberg news service. ThePrint holds no responsibility for its content.
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