Some force majeure clauses will expressly state that the party seeking to rely on it must have been "prevented" from performing due to the force majeure event. When the parties define their own force majeure clause in an agreement, those words will govern in the event the clause is triggered.Majeure clause. 3 Likewise, in PPG Industries v. Generally, a party seeking to invoke a force majeure clause must provide notice to the other parties within a specific timeframe. A force majeure clause allocates risk for events beyond a party's control. However, if the contract contains a force majeure provision, unexpected events could provide a defense to a party's failure to perform. Anticipate and Specify Force Majeure Events. Texas courts construe force majeure clauses narrowly. If the event is not listed, performance is generally not excused.
Force majeure clauses and the courts Force majeure clauses are routinely used in employment contracts. For example, an employment contract might include a force majeure clause, stating that if a particular job needs to be performed by a particular time, it is not to be performed. If the work is not performed, your employer is considered in breach of the agreement, and you are entitled to damages. This is even true if the force majeure clause is not specifically stated. Many employment contracts with force majeure clauses also include a clause stating when the contract is in force. For example, a customer contracts with a restaurant to pay a certain amount of rent for the duration of the contract. If the restaurant fails to pay rent, if the rent period is not stated to the customer, the restaurant is considered in breach. In most states, the customer's claim for the rent is governed by the state law.
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