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.
• French law applies three tests for whether a force majeure defense is applicable— the event must be unforeseeable, external, and irresistible.
FROM THE DIRECTORATE OF LITIGATION AND RESEARCH.
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