Force Majeure Event
A specific extraordinary occurrence — natural disaster, war, pandemic, government action — that triggers a force majeure clause and excuses contractual performance.
What Is a Force Majeure Event?
A force majeure event is the specific category of circumstance that activates a force majeure clause in a contract, excusing one or both parties from performance when the event makes performance impossible, illegal, or commercially impracticable. While related to the broader concept of force majeure, the term focuses on the qualifying event itself — what kinds of disruptions trigger relief — rather than the legal doctrine.
Commonly Enumerated Events
- **Natural disasters**: hurricanes, earthquakes, floods, wildfires, tornadoes - **Pandemics and epidemics**: COVID-19 demonstrated the importance of express pandemic language - **Acts of war and terrorism**: military operations, civil unrest, terrorist attacks - **Government actions**: regulations, embargoes, quarantines, lockdowns - **Labor disputes**: strikes, lockouts, work stoppages - **Infrastructure failures**: utility outages, internet disruptions, transportation breakdowns - **Acts of God**: a catch-all for unforeseeable natural events
Drafting Considerations
Post-pandemic contracts increasingly specify pandemic, epidemic, and public health emergency as enumerated force majeure events. General catch-all language ("or other similar events beyond the parties' reasonable control") is interpreted narrowly under the doctrine of ejusdem generis, so important events should be expressly listed. The clause should also address notice requirements, mitigation duties, the length of the excuse period, payment obligations during the event, and termination rights if the event continues beyond a defined period. Different jurisdictions interpret force majeure clauses differently — French civil law applies a doctrine of force majeure even without an express clause, while U.S. common law generally requires the contract to address it.