This form brings together several boilerplate Force Majeure contract clauses that work together to outline the definition, effect, and procedures applicable under a contract agreement as a result of a Force Majeure event. Both short and detailed examples are provided to suit individual needs and circumstances.
Virgin Islands — Putting It All Together: ForcMaturere Provisions The Virgin Islands, composed of both the United States Virgin Islands (SVI) and the British Virgin Islands (BVI), offer a unique legal framework regarding force majeure provisions. In the context of contractual agreements, force majeure provisions protect parties from non-performance obligations due to unforeseen circumstances or events beyond their control. Force majeure provisions in the Virgin Islands encompass a wide range of scenarios, including natural disasters, political unrest, war, terrorism, governmental acts, epidemics, and other unforeseen events. These provisions aim to provide legal remedies and relief to affected parties, ensuring fairness and efficiency in contractual relationships. In the SVI, force majeure provisions are governed by the Virgin Islands Code, Title 28, which addresses contractual obligations and interferences caused by force majeure events. Contractors are advised to include specific language in their agreements, detailing the events that will constitute force majeure, the obligations affected, and the procedures for handling such events. The British Virgin Islands, on the other hand, possesses its own unique legal framework. While there is no specific legislation governing force majeure provisions, BVI courts have consistently recognized and enforced such provisions based on common law principles. Thus, parties are encouraged to draft comprehensive force majeure clauses that clearly define the triggering events, remedies, and consequences in the event of non-performance. Different types of force majeure provisions may exist within the Virgin Islands, depending on the industry, nature of the contract, and the parties involved. Here are some key types: 1. Natural Disaster Force Mature Provision — This type of provision covers events like hurricanes, earthquakes, floods, and other natural calamities that prevent the performance of obligations. 2. Political Unrest or War Force Mature Provision — Parties may include this provision to address situations where civil unrest, political instability, or armed conflicts hinder contractual obligations. 3. Epidemic or Health Crisis Force Mature Provision — With recent events such as the COVID-19 pandemic, force majeure clauses explicitly addressing epidemics or health crises have gained significant importance. These provisions address situations where the outbreak of a contagious disease prohibits the fulfillment of contractual obligations. 4. Governmental Act Force Mature Provision — Events such as changes in regulations, imposition of sanctions, or governmental orders can be covered by this provision. It protects parties when governmental actions directly or indirectly impact the performance of contractual obligations. 5. Terrorism or Acts of War Force Mature Provision — This provision safeguards parties from the consequences of acts of terrorism, sabotage, or military conflicts that make it impossible or impractical to fulfill contractual obligations. By incorporating well-drafted force majeure provisions into contracts, parties in the Virgin Islands can mitigate risks and uncertainties caused by unforeseen events. However, it is crucial for contracting parties and their legal representatives to consult local laws and seek professional advice to ensure the enforceability and effectiveness of the force majeure provisions within the respective jurisdiction.
