A comparison the United States law of contracts with the law of contracts of the People's Republic of China.
Contract Law Force Majeure In Massachusetts
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The major difference in such cases is that, without a force majeure clause, the party that wants to be released from contract obligations has the burden of proof, which means that this party must prove their argument is correct. If the other contracting parties do not agree, this could lead to litigation.
Either Party shall be excused from performance and shall not be in default in respect of any obligation hereunder to the extent that the failure to perform such obligation is due to a Natural Force Majeure Event.
Force majeure clauses can prevent financial losses by relieving parties from liability for non-performance due to circumstances beyond their control, ensuring that neither side is held accountable for breaches in such cases.
Because the concept is foreign, lawyers who review or draft contracts governed by U.S. law should start with the assumptions that 1) principles of force majeure will not be implied in a contract that does not expressly provide for them, and 2) U.S. courts will interpret and apply force majeure provisions narrowly.
For events to constitute the use of force majeure, they must be unforeseeable, external to contract parties, and unavoidable. Force majeure means “greater force” and is related to an act of God, an event for which no party can be held accountable.
Termination — In cases where the force majeure event is severe and long-lasting, the contract may allow for its termination, meaning the parties are released from their obligations entirely because the event has made it impossible or impractical to continue with the contract.
If a contract is silent on force majeure or if the event does not meet the definition of force majeure under the parties' contract, a party's performance may still be excused in certain circumstances under the doctrine of commercial impracticability.
To form a contract, the parties must mutually agree to the terms and conditions of their promises. This is often referred to as “mutuality” or a “meeting of the minds.” When an agreement is mutual, it means that the parties communicated to each other their agreement to the same terms and conditions.
There are generally three essential elements to force majeure: • tt can occur with or without human intervention • it cannot have reasonably been foreseen by the parties • It was completely beyond the parties' control and they could not have prevented its consequences.
Force majeure events The parties will usually agree on a list, which may or may not be exhaustive, of examples of force majeure events. Force majeure events generally can be divided into two basic groups: natural events and political events.
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Under Massachusetts law, a force majeure clause in a contract will be construed in accordance with typical rules of contract construction. ''Force majeure'', an uncontrollable force or natural disaster not within the power of the operator or the commonwealth.A force majeure clause relieves a party from strict compliance with its contractual obligations where a force majeure event occurs. Legally, force majeure excuses a party, temporarily or completely, from performing under a contract. A forcemajeure clause is contractual provision allocating the risk of loss if performance becomes impossible or impracticable. Force majeure is a contractual remedy rather than a remedy under common law. Why do you need a force majeure clause? Meet the requirements for a complete excuse under the agreement's force majeure provision. Force majeure is a contract term.