force majeure translation

Force majeure translation

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In contract law , force majeure [1] [2] [3] is a common clause in contracts which essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties, such as a war, strike, riot, crime, epidemic, or sudden legal change prevents one or both parties from fulfilling their obligations under the contract. Force majeure often includes events described as an act of God , though such events remain legally distinct from the clause itself. In practice, most force majeure clauses do not entirely excuse a party's non-performance but suspend it for the duration of the force majeure. Force majeure is generally intended to include occurrences beyond the reasonable control of a party, and therefore would not cover:. Under international law , it refers to an irresistible force or unforeseen event beyond the control of a state, making it materially impossible to fulfill an international obligation.

Force majeure translation

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Video pronunciations. Nacoco G. The supplier might employ a force majeure defense, arguing that the avalanche was an unforeseeable, external, and unavoidable event—the three tests applied by French law.

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Force majeure translates literally from French as superior force. In English, the term is often used in line with its literal French meaning, but it has other uses as well, including one that has roots in a principle of French law. In business circles, "force majeure" describes those uncontrollable events such as war, labor stoppages, or extreme weather that are not the fault of any party and that make it difficult or impossible to carry out normal business. A company may insert a force majeure clause into a contract to absolve itself from liability in the event it cannot fulfill the terms of a contract or if attempting to do so will result in loss or damage of goods for reasons beyond its control. These examples are programmatically compiled from various online sources to illustrate current usage of the word 'force majeure. Send us feedback about these examples. Dictionary lookups from cyberspace, the environment, and entertainment. Accessed 3 Mar.

Force majeure translation

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French images. As time goes on, the world is becoming aware of natural threats that we were previously ignorant of, such as solar flares, asteroids, pandemics, and supervolcanoes. Article Sources. Dore it was held that "The expression means some physical or material restraint and does not include a reasonable fear or apprehension of such a restraint". Contents move to sidebar hide. Essential American English. Develop and improve services. ISBN Archived from the original on 25 December The Bottom Line. Portuguese English to Portuguese. Similarly, the Chinese balloon incident in which a Chinese surveillance balloon was discovered in US air space, the Chinese government stated that this "was entirely an accident caused by force majeure". Investopedia does not include all offers available in the marketplace.

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Word lists shared by our community of dictionary fans. Register now or log in to access. A force majeure may work to excuse all or part of the obligations of one or both parties. For small and moderate events it is reasonable to establish requirements for the contract processes; for large events it is not always feasible or economical to do so. Video Build your vocabulary. Dore it was held that "The expression means some physical or material restraint and does not include a reasonable fear or apprehension of such a restraint". Collins Conundrum. Ongoing litigation is exploring questions of whether drilling and construction projects contributed to the very natural disasters that rendered them unworkable. In any jurisdiction, contracts containing specific definitions that constitute force majeure—ideally ones that respond to local threats—hold up better under scrutiny. Promissory estoppel 1 Quantum meruit 1 Unjust enrichment Restitution Negotiorum gestio 2.

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