Definition
Contractual provision excusing performance due to unforeseeable events beyond parties' control (natural disasters, war, pandemic), preventing breach claims for non-performance.
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Force majeure clauses (French for 'superior force') excuse non-performance due to events beyond control: acts of God (earthquake, hurricane), government action (war, emergency orders), pandemic, utility failures. Clause specifies: if event occurs, party is excused from performance (not breaching). Example: closing delayed due to government shutdown (force majeure); seller isn't breaching by not closing. Force majeure requires: event was unforeseeable, not preventable by either party, makes performance impossible/impracticable. Parties must still attempt performance after event passes. Force majeure became prominent during COVID-19: contracts without adequate force majeure language created disputes. Modern force majeure clauses explicitly include: pandemic, government orders, utility failures. Courts interpret force majeure narrowly: events must be truly beyond control. If party could have prevented/mitigated, force majeure doesn't apply. Understanding force majeure: it provides protection during genuine catastrophic events.
Pro Tip
Ensure force majeure clause includes modern events (pandemic, government orders). Outdated force majeure (just acts of God) might not protect you.
Example
Hurricane destroys property day before closing; force majeure clause excuses buyer's obligation to close. Deal terminates without breach.