Force Majeure Clause - Law Dictionary Search Results
Home Dictionary Name: force majeure clauseforce majeure clause
force majeure clause : a clause in an agreement that excuses performance in the event that a force majeure makes the performance impracticable or impossible ...
Vis major force majeure usual
Vis major force majeure usual, the expression 'force majeure' is not a mere French version of the Latin expression 'vis major'. It is undoubtedly a term of wider import. Difficulties have arisen in the past as to what could legitimately be included in 'force majeure'. Judges has agreed that strikes, break-down of machinery, which, though normally not included in 'vis major' are included in 'force majeure'. Where reference is made to 'force majeure', the intention is to save the performing party from the consequences of anything over which he has no control. This is the widest meaning that can be given to 'force majeure', and even if this be the meaning, it is obvious that the condition about 'force majeure' in the agreement was not vague. The use of the word 'usual' makes all the difference, and the meaning of the condition may be made certain by evidence about a force majeure clause, which was in contemplation of parties, Dhanrajamall Gobindram v. Shamji Kalidas, AIR 1961 SC 1285 (192...
Force majeure
Force majeure, irresistible compulsion, coercion diplomatically recognized as irresistible, Concise Oxford Dict. Compare ACT OF GOD; RESTRAINT OF PRINCES.An event or effect that can be neither anticipated no controlled, Black's Law Dictionary, p. 657.The expression 'force majeure' is not a mere French version of the Latin expression 'vis major'. It is undoubtedly a term of wider import. Difficulties have arisen in the past as to what could legitimately be included in 'force majeure'. Judges have agreed that strikes, breakdown of machinery, which, though normally not included in 'vis major' are included in 'force majeure'. An analysis of rulings on the subject into which it is not necessary in this case to go, shows that where reference is made to 'force majeure', the intention is to save the performing party from the consequences of anything over which he has no control. This is the widest meaning that can be given to 'force majeure', Dhanrajamal Gobindram v. Shamji Kalidas and Co., AI...
force majeure
force majeure [French, superior force] 1 : superior or insuperable force 2 : an event (as war, labor strike, or extreme weather) or effect that cannot be reasonably anticipated or controlled : fortuitous event compare act of god, inevitable accident ...
force
force 1 : a cause of motion, activity, or change intervening force : a force that acts after another's negligent act or omission has occurred and that causes injury to another : intervening cause at cause irresistible force : an unforeseeable event esp. that prevents performance of an obligation under a contract : force majeure 2 : a body of persons available for a particular end [the labor ] ;specif : police force usually used with the 3 : violence, compulsion, or constraint exerted upon or against a person or thing constructive force : the use of threats or intimidation for the purpose of gaining control over or preventing resistance from another dead·ly force : force that is intended to cause or that carries a substantial risk of causing death or serious bodily injury compare nondeadly force in this entry NOTE: As a general rule, deadly force may be used without incurring criminal or tort liability when one reasonably believes that one's life or safety is in da...
frustration
frustration 1 a : the act of frustrating b : the state or an instance of being frustrated c : something that frustrates 2 : a common-law doctrine of contract law: parties to a contract may be excused from performance even though performance is still possible if the reason for making the contract is partially or completely frustrated by a fortuitous event or by circumstances which are not the fault of either party called also frustration of purpose frustration of the venture compare cause, force majeure clause, impossibility, impracticability NOTE: In order for frustration to be used as a successful defense to a breach of contract claim, the reason for making the contract must have been contemplated or recognized by both the contracting parties even though it was not expressed in the contract. ...
Offence
Offence, crime; act of wickedness. It is used as a genus, comprehending every crime and misde-meanour, or as a species, signifying a crime not indictable, but punishable summarily, or by the forfeiture of a penalty.There are certain acts which are heinous sins and odious in the public eye and are punishable in the Ecclesiastical Courts, but not being punishable at Common Law, and the proceedings in the Ecclesiastical Courts being held to be prosalute anim' and not to entail any temporal injury, they cannot be classed with ordinary Common Law and statutory offences; and it is no slander to impute them unless special damage follows.Other offences are divided into three classes, viz.:-(1) Treasons; (2) Felonies; and (3) Misdemeanours. See several titles.Consult Russell on Crimes; Archbolds' or Roscoe's Criminal Evidence.It means any act or omission made punishable by any law for the time being in force and includes any act in respect of which a complaint may be made under s. 20 of the Cat...
act of God
act of God often cap A : an extraordinary natural event (as a flood or earthquake) that cannot be reasonably foreseen or prevented compare force majeure, inevitable accident, unavoidable accident NOTE: It is a defense against liability for injury if the injury is directly and exclusively caused by an act of God. ...
excuse
excuse ex·cused ex·cus·ing vt 1 : to grant exemption or release to [excused the prospective juror] [excused the witness after an hour of testimony] 2 : justify vi : to serve as an excuse or justification [exigent circumstances may "J. J. White and R. S. Summers"] [ik-skyüs] n 1 : excusal 2 a : a circumstance that allows for release under the law from an obligation, duty, or contractual liability compare act of god, force majeure, fortuitous event, impossibility of performance b : a circumstance (as a physical threat) that grants immunity for otherwise tortious or criminal conduct compare justification, privilege ...
fortuitous event
fortuitous event : an event of natural or human origin that could not have been reasonably foreseen or expected and is out of the control of the persons concerned (as parties to a contract) : force majeure called also cas fortuit see also frustration compare inevitable accident ...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial