Glossary
Force majeure
Short answer
Force majeure is a contract clause that excuses or suspends a party's performance when events beyond its reasonable control, such as natural disasters, war or government action, make performance impossible or impracticable. The clause defines the events, the notice required and when a party may terminate.
By Pactinel editorial teamReviewed on October 22, 2026
Force majeure is a creature of the contract in common-law systems, so the clause wording is decisive. In civil-law systems a similar doctrine may exist by statute, though the contract often adds its own detail.
What a clause usually covers
- Listed events: natural disasters, war, terrorism, epidemics, strikes, government orders.
- Standard: event beyond reasonable control that could not have been avoided or mitigated.
- Notice: the affected party must notify the other promptly, often within a set number of days.
- Effect: performance is suspended for the duration of the event.
- Long stop: if the event continues for a set period, such as 90 days, either party may terminate.
Example clause
"Neither party is liable for delay caused by an event beyond its reasonable control, provided it notifies the other within five business days and uses reasonable efforts to resume. If the event lasts more than 60 days, either party may terminate on written notice."
Points to check
- Does the clause excuse payment obligations? Often it does not.
- Are supply chain failures or cyber attacks listed?
- Is notice a condition of relief?
Late notice can forfeit protection. See limitation of liability and termination for cause.
This is general information, not legal advice.