LEGAL NUGGETS⚖️
FORCE MAJEURE
KEY TAKEAWAYS
• force majeure is a clause that is included in contracts to remove liability for natural and unavoidable catastrophes. It also encompasses human actions, such as armed conflict.
• questions about what is and is not "foreseeable" in a legal sense have been raised given the increased awareness of pandemics, asteroids, super-volcanoes, cyber threats, and nuclear warfare.
• the law applies three tests for whether a force majeure defense is applicable— the event must be unforeseeable, external, and irresistible.
FROM THE OFFICE OF THE DIRECTOR OF LITIGATION AND RESEARCH
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