• Force majeure - a clause that is included in contracts to remove liability for unforeseen and inevitable disasters that violate the expected course of events and prevent the participants from fulfilling their obligations.

  • These provisions generally cover both natural and man-made disasters.
  • In some jurisdictions, there are three tests to determine the applicability of force majeure protection: the event must be unforeseen, external and irresistible.
  • Questions have been raised about what can and cannot be foreseen in a legal sense, given the increased awareness of pandemics, asteroids, supervolcanoes, cyber threats and nuclear war.
  • Force majeure is contrary to the concept of “pacta sunt servanda”, the principle of international law, according to which agreements must be respected, not deviated from them.