Force Majeure are clauses in a legal agreement and falls under commercial law.

This type of clause is defined as an unforeseeable circumstance that prevents someone from fulfilling a contractual obligation and is intended to protect a business entity/individual from “Acts of God” which would include wars, riots, hurricanes, floods, epidemics, and natural disasters. It is our advice that all business entities and individuals should ensure that agreements contain Force Majeure clauses and one must ensure that the clause is as open-ended as possible so that it includes protection for pandemics, epidemics, and government actions (such as nationwide shut-downs).

We can look over the Force Majeure clause in your contract and give guidance as to whether it excuses you from performing under the contract or would allow you to delay such performance. We can also provide advice on the practical steps which you would require to take to invoke the Force Majeure clause.

If your contracts currently do not include a Force Majeure clause, we can advise you on alternatives which may be available to you.

We can help with the drafting of contracts and policies covering Force Majeure and can provide advice if you are facing a claim under a Force Majeure clause.

To read more about Force Majeure and COVID-19 read our blog

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