Are We Bored with “Force Majeure” Yet?

In this post last month, I offered my revised “force majeure” language, then revised it further as it was brutalized by readers. *sobs*

In case force majeure hasn’t outstayed its welcome among you all, I’d like to run an idea by you.

The language in the previous post begins as follows:

If a Force Majeure Event prevents a party from complying with any one or more obligations under this agreement, that inability to comply will not constitute breach if …

But it’s not only performance of obligations that could be impeded by a force majeure event. A party could also be impeded from exercising discretion (Acme may …) or from satisfying a condition (If Acme … , then …). I’ve incorporated this broader approach in the following version:

If a Force Majeure Event prevents a party from complying with one or more obligations under this agreement, exercising discretion under this agreement, or satisfying any conditions under this agreement, any time limits on that performance stated in this agreement will be suspended for the duration of that Force Majeure Event if …

What do you think? How would this play out in practice?

About the author

Ken Adams is the leading authority on how to say clearly whatever you want to say in a contract. He’s author of A Manual of Style for Contract Drafting, and he offers online and in-person training around the world. He’s also chief content officer of LegalSifter, Inc., a company that combines artificial intelligence and expertise to assist with review of contracts.