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New Resource Offers Guidance for Force Majeure Claims

Posted: Apr 08, 2022

The Covid-19 pandemic has made formerly unusual terms such as “social distancing” and “positivity rate” parts of common conversation over the last two years.

Over the same period, many lawyers have found themselves researching a concept that they haven’t had occasion to deal with since law school: "force majeure."

French for “superior strength,” force majeure has long been a defense in breach of contract cases where defendants claim that unforeseeable events have rendered them unable to perform their business obligations.

Parties have cited wars, natural disasters and man-made conditions as excuses for nonperformance or nonpayment, and courts have had to assess the validity of their claims. Recently business owners have claimed that government-imposed restrictions on their normal operations constitute force majeure.

Now Social Law members can get up to speed on claims and defenses in such cases by accessing the newly added “Covid-19 as a Trigger for Force Majeure: A Global Survey” in the Law Journal Press (LJP) database on the Research Databases page under “Subscribed Databases.”