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Comparison of Contract Law of the People's Republic of China with The...

Contract Law Force Majeure In Oakland

Category:

Contracts - Contract Law

State:

Multi-State

County:

Oakland

Control #:

US-00103BG

Format:

Instant download

Description

A comparison the United States law of contracts with the law of contracts of the People's Republic of China.

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Under California law, unless a contract explicitly identifies an event as a force majeure the event must be unforeseeable at the time of contracting to qualify. Force majeure is a legal principle meaning neither party must be held to terms of the contract due to unforeseen circumstances. Cal. Civ.Code § 3526 (2021). A force majeure clause, sometimes referred to as an act of God clause, generally operates to suspend the contractual obligations of a contracting party. If addressed in the contract, the parties' agreement regarding what constitutes a force majeure event will control. Our colleagues have discussed the application and interpretation of force majeure clauses in contracts related to COVID19 disruptions.

Contract Law Force Majeure In Oakland

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