Force majeure
[2] 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.
It refers to an event, either external or internal, that happens to a vessel or aircraft that allows it to enter normally restricted areas without penalty.
Some systems limit force majeure to an Act of God (such as floods, earthquakes, hurricanes, etc.)
The advisory point is in drafting of contract make distinction between act of God and other shape of force majeure.
As an example, in a highly seismic area a technical definition of the amplitude of motion at the site could be established on the contract, based for example on probability of occurrence studies.
[9] As interpreted by English courts, the phrase force majeure has a more extensive meaning than "act of God" or vis major.
The term cannot, however, be extended to cover delays caused by bad weather, football matches, or a funeral: the English case of Matsoukis v. Priestman & Co (1915) held that "these are the usual incidents interrupting work, and the defendants, in making their contract, no doubt took them into account....
They are taken from the Code Napoleon, and they were inserted by this Romanian gentleman or by his advisers, who were no doubt familiar with their use on the Continent."
In re Dharnrajmal Gobindram v. Shamji Kalidas [All India Reporter 1961 Supreme Court (of India) 1285], it was held that "An analysis of ruling on the subject shows that reference to the expression is made where the intention is to save the defaulting party from the consequences of anything over which he had no control."
[11] Though force majeure events are generally thought to include natural events like tornadoes and often unforeseeable man-made events like labor strikes, the 2021–2023 Inflation Surge is also impacting force majeure provisions in leasing and other real estate contracts to include delays or excuses from performing contractual obligations due to the increased costs from rising inflation and rising interest rates.
As the oldest state with a size of over 300,000 sq km to integrate the two legal systems, the Philippines also has its own unique interpretation of force majeure events.
Therefore, economic crises are not considered as force majeure events that allows a debtor to be free of his obligation or debt.
These requisites are: In doing so, the Supreme Court ruled that there is no fortuitous event, after also observing certain problems in construction such as measurement deficiencies and poor foundations.
[16] Article 7.1.7 of the UNIDROIT Principles of International Commercial Contracts provides for a form of force majeure similar, but not identical, to the common law and civil law concepts of the term: relief from performance is granted "if that party proves that the non-performance was due to an impediment beyond its control and that it could not reasonably be expected to have taken the impediment into account at the time of the conclusion of the contract or to have avoided or overcome it or its consequences.
