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Topic: Force majeure

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	force - Hutchinson encyclopedia article about force (Site not responding. Last check: 2007-10-08)
		The action of an unbalanced or resultant force results in the acceleration of a body in the direction of action of the force, or it may, if the body is unable to move freely, result in its deformation (see Hooke's law).
		Force is a vector quantity, possessing both magnitude and direction; its SI unit is the newton.
		A resultant force is a single force acting on a particle or body whose effect is equivalent to the combined effects of two or more separate forces.
	encyclopedia.farlex.com /force (1230 words)

	Force majeure - Wikipedia, the free encyclopedia
		Force majeure (French for "greater force") is a common clause in contracts which essentially frees one or both parties from liabilities when an extraordinary event beyond the control of the parties, such as flood, war, riot, act of God, prevents one or both parties from fulfilling their obligations under the contract.
		Under international law it refers to an irresistible force or unforeseen event beyond the control of a State making it materially impossible to fulfill an international obligation.
		Force majeure precludes an international act from being wrongful where it otherwise would have been.
	en.wikipedia.org /wiki/Force_majeure (119 words)

	Force Majeure
		The purpose of a force majeure clause is two-fold: it allocates risk and puts the parties on notice of the events that may suspend or excuse performance.
		The essential condition of force majeure is the prevention of a party’s performance that is caused by an unforeseen supervening event not within the control of either party.
		A party in the negotiation stage of a force majeure clause should scrutinize the events that constitute force majeure and the risk allocation to assure that the clause is not one-sided or unenforceable.
	www.nacm.org /bcmag/bcarchives/2002/may/columns8.html (792 words)

	Force Majeure - General
		Typically, force majeure clauses cover natural disasters or other "Acts of God", war, or the failure of third parties--such as suppliers and subcontractors--to perform their obligations to the contracting party.
		It is important to remember that force majeure clauses are intended to excuse a party only if the failure to perform could not be avoided by the exercise of due care by that party.
		When negotiating force majeure clauses, make sure that the clause applies equally to all parties to the agreement--not just the licensor.
	www.library.yale.edu /~llicense/forcegen.shtml (189 words)

	1998 Proceedings \| Adlam \| Force Majeure Events (Site not responding. Last check: 2007-10-08)
		The same label, force majeure, is often used to describe the exceptions provisions which appear in many contracts, and which are intended to govern the relationships between the contracting parties if a force majeure event occurs.
		Few force majeure clauses are explicit about the time for which the clause may operate to suspend the parties' obligations, and the point at which parties should be completely relieved from their obligations.
		The fact that the original supplier is unable to provide gas is not necessarily a force majeure event for the purpose of downstream suppliers, because their customers may legitimately point out that the original source of the gas is not referred to in the contract.
	www.crownminerals.govt.nz /petroleum/publications/nzpconf/nzpconf-1998/adlam.html (3338 words)

	Levine Blaszak, Block, & Boothby
		The reality now is that force majeure events are not as unlikely to occur as we may have thought in the past, and any one of these force majeure events may affect your service provider and impact your company.
		Upon the occurrence of a Force Majeure Event, the non-performing party shall be excused from any further performance or observance of the affected obligation(s) for as long as such circumstances prevail, and such party continues to attempt to recommence performance or observance to the greatest extent possible without delay.
		Although the occurrence of a force majeure event technically relieves both parties of their performance, the practical effect is that the buyer has assumed all of the risk because it now has no service.
	www.lb3law.com /docs/ForceMajeureOJFeb03.cfm (1236 words)

	Legally speaking with Bob Mionske: Major force a minor deal
		Examples of Force Majeure that can excuse delay in performance in a contract can be natural (fires, floods, earthquakes, etc.) or human-caused (riots, acts of foreign or domestic governments, war, etc.).
		Force Majeure clauses were very common when courts would deny relief except for literal impossibility of performance (meaning the court would hold the parties to the terms of the agreement unless exceptions were explicitly listed).
		The Force Majeure clause is only one very small part of your contract and will only become important if one of the listed "events" stops either party (you or the company) from performing the duties listed in the contract.
	www.velonews.com /news/fea/5395.0.html (792 words)

	ILN Newsletter - Frustration and Force Majeure (Site not responding. Last check: 2007-10-08)
		Force Majeure is an event which excuses one or both parties from part or all of their obligations such as an event of war, natural disaster or some other event outside the parties' control or government requirements.
		A significant difference between Force Majeure and frustration is that the Force Majeure event itself in general does not make the contract impossible to perform, but delays the parties ability to perform their contractual obligations.
		However, the use of the concept of Force Majeure in contracts in the common law jurisdictions is increasing.
	www.ag-internet.com /bullet_iln_one_three/ehlert.htm (1366 words)

	Earthrights International - News: Indigenous Struggle in Ecuador Becomes a “Force Majeure” (Site not responding. Last check: 2007-10-08)
		Force majeure – literally “major force” but translated also as “cause beyond control” - usually describes unforeseen natural catastrophes such as earthquakes or major upheavals such as wars, which can void the the obligations of a legal contract.
		The force majeure they are referring to is the determined opposition of Kichwa, Shuar and Achuar people who live in the concession areas to continued activities by the companies, Burlington Resources of Texas and Compania General de Combustibles (CGC) of Argentina.
		These statements have human rights advocates in Ecuador concerned that the force majeure ruling is the beginning of an intimidation campaign by the companies and their allies in government, to force the indigenous communities to accept oil activities in their territories against their will.
	www.earthrights.org /news/forcemajeure.shtml (906 words)

	NOTES AND COMMENTS
		The concept of force majeure resembles commercial impracticability and generally refers to "superior force[s]" [108] or circumstances that are "beyond the control and without the fault or negligence" of the non-performing party.
		In general, force majeure clauses that parties include in their CISG contracts either supplement article 79 or "limit or supplant the [a]rticle 79 default rule."[150] Therefore, if a party's performance is not excused pursuant to an event delineated in the force majeure clause, it could still be excused pursuant to article 79 (and vice versa).
		L.J. force majeure is presumed by the parties not to occur and if it does the parties would reasonably expect that the contract would not be performed."); Wagner, supra note 1, at 55 (discussing the rule of pacta sunt servanda and the impossibility defense).
	www.cisg.law.pace.edu /cisg/biblio/bund.html (11246 words)

	When forces of nature are force majeure
		In the context of laytime and demurrage, a “force majeure” clause normally describes a charterparty term suspending the running of time upon the happening of a specified event beyond the charterers’ control.
		Force majeure clauses will not cover demurrage as well as laytime unless this is specifically stated.
		Thus if a vessel is delayed by a force majeure event after she has gone on demurrage time will usually continue to run, the rationale being that the effective cause of the delay was not the force majeure event but the Charterers’ breach in exceeding the permitted laytime.
	www.hfw.com /l3/new/newl3c053.html (1429 words)

	Force Majeure (Site not responding. Last check: 2007-10-08)
		That said, there's a lot to enjoy in "Force Majeure." At this point in the series, this was easily Frank Black's most unusual case yet.
		In the end, "Force Majeure" revolves around a question which Frank himself ponders near the end of the episode and to which the series has often returned: what could or should we do with the knowlege that the end may be near?
		"Force Majeure" is a respectable first attempt to structure an episode around pre-millennial angst rather than a criminal investigation.
	members.aol.com /KTPattersn/force.html (980 words)

	Understanding "Force majeure" (Site not responding. Last check: 2007-10-08)
		Many planners are scrambling to understand force majeure clauses and their potential impact on future meeting cancellations.
		The Latin term "force majeure" is defined as "a higher force, an irresistible force.
		Force majeure is a class of circumstances beyond a party's control that make it impossible or commercially inadvisable to perform the contract at question.
	meetingsnet.com /news/meetings_understanding_force_majeure_3/index.html (439 words)

	fUSION Anomaly. The Force
		Force, the most general, usually implies the exertion of strength, especially physical power, or the operation of circumstances that permit no alternative to compliance: Tear gas forced the fugitives out of their hiding place.
		Obligate applies when force is exerted by the terms of a legal contract or promise or by the dictates of one's conscience or sense of propriety: I am obligated to repay the loan.
		In the METRIC SYSTEM forces are measured in such units as the dyne (cgs system) and the newton (mks system), which cause accelerations of, respectively, 1 cm/sec2 on a 1-gram mass and 1 m/sec2 on a 1-kg mass.
	fusionanomaly.net /force.html (1872 words)

	Force Majeure - What lies behind the military's victory in Iraq. By Fred Kaplan
		For the Air Force and Navy, Desert Storm saw the inauguration of "smart bombs" that could explode within a few feet of their targets.
		However, the new structures and doctrines did breed, in the words of one Joint Forces Command publication, "a common joint culture." The institutional barriers of inter-service rivalry, even hatred, were gradually broken down.
		The vast majority of airstrikes, from Air Force bombers and attack planes as well as Navy fighters, were delivered on Iraqi Republican Guards, in order to ease the path of U.S. Army soldiers and Marines thrusting north to Baghdad.
	www.slate.com /id/2081388 (2112 words)

	FORCE MAJEURE AND HARDSHIP UNDER THE UNIDROIT
		The Underpinnii~s of the Force Ata"eure and Hardship F~uses.
		Belgium also adheres to the traditional doctrine; force majeure is recognized as an excuse, but unforeseen hardship is neither an excuse nor grounds for revision of the contract.
		As is the case with allegations of force majeure, foresecability is a central concern in hardship cases.
	www.cisg.law.pace.edu /cisg/biblio/perillo1.html (5360 words)

	Force Majeure - Clauses and Explanations
		To make sure that the parties know exactly what is and is not a legitimate excuse for failure to provide access to licensed materials, it would be better to specifically set forth the circumstances that excuse a failure of performance, rather than rely on a general force majeure clause.
		Force majeure clauses are usually applicable to performance failures caused by:
		Many force majeure clauses apply equally to both sides, excusing either party from its obligations in the event of a triggering event; however, few clauses excuse the failure to pay money.
	www.library.yale.edu /~llicense/forcecls.shtml (379 words)

	Reed Smith :: Library (Site not responding. Last check: 2007-10-08)
		The threshold of impossibility is high but, if reached, the contracting party suffering the force majeure event is relieved of contract performance obligations as long as the force majeure event continues.
		A party invoking force majeure must "take all reasonable means to limit the effect of the impediment or event invoked upon performance of its contractual duties" so the new formulation of force majeure is not without limits in the relief a party can reasonably expect to achieve.
		However, the scope of the ICC 2003 version introduces into force majeure analysis an expansion of subjective considerations, and the possibility of relief from the performance of contractual obligations in circumstances not traditionally associated with force majeure events.
	www.reedsmith.com /library/publicationView.cfm?itemid=32770 (476 words)

	Professional Convention Management Association - Convene Archives
		While they generally agreed on the definitions of “force majeure,” “impracticability,” and “frustration of purpose,” the lawyers differed — often markedly — in the interpretation of how these doctrines should be applied.
		(A “force majeure” clause covers circumstances that occur beyond the control of both parties, or circumstances that prevent one or both from performing as agreed.
		A force majeure clause should be designed to set forth the circumstances under which you are not required to perform the contract.
	www.pcma.org /resources/convene/archives/displayArticle.asp?ARTICLE_ID=4069 (550 words)

	S.I. No. 454/1998: REGULATIONS entitled PARENTAL LEAVE (NOTICE OF FORCE MAJEURE LEAVE) REGULATIONS, 1998
		An employee is entitled to force majeure leave where for urgent family reasons, owing to an injury to or the illness of a person referred to in section 13(2) of the Act, the employee's immediate presence is indispensable at the place where the person is.
		Force majeure leave must not exceed 3 working days in any period of 12 consecutive months or 5 working days in any period of 36 consecutive months.
		In the event of any dispute or difference between an employer and employee in relation to force majeure leave the issue may be referred by either party to a rights commissioner.
	www.irishstatutebook.ie /ZZSI454Y1998.html (379 words)

	Specs: Contracts Corner (Site not responding. Last check: 2007-10-08)
		In anticipation of a possible war with Iraq, meeting planners are hurrying to scrutinize the Force Majeure clauses in their meeting contracts, hoping to find terms that offer protection in case the meetings fail to perform as anticipated.
		Such hopes are reasonable since the intent of the Force Majeure clause is to protect against unforeseen emergencies beyond the control of the parties.
		It appears that the termination rights of a Force Majeure clause may only be successfully invoked due to "war" if there is a direct connection between war on another continent and the domestic meeting.
	www.conferon.com /solution/e_specs/02_10_28.html (398 words)

	Force Majeure/Compassionate Leave (Site not responding. Last check: 2007-10-08)
		Your application in writing should include, your name, PPSN Number, name and address of your employer, date(s) on which you took Force Majeure leave and reasons why, and your relationship to the person who was injured or ill. As with Parental Leave, your employer must keep records of all Force Majeure leave taken by employees.
		It should be noted that force majeure leave does not give any entitlement to leave following the death of a close family member.
		Other compassionate leave not covered by force majeure leave will depend on your employment contract, custom and practice within your workplace or the employer's discretion.
	www.oasis.gov.ie /employment/force_majeure.html (319 words)

	MetalReview - Review of Force Majeure - Gatecrusher
		After doing a little research, it came to my surprise that Force Majeure is a fairly young power metal band from Helsinki Finland.
		Force Majeure's vocalist Riku Turunen hits all of his midrange notes very well, but there are times in certain songs like "Distant, Silent,Gone", where the notes go too sharp and kill the feel of the song.
		It is played very well, and you can tell that Force Majeure are going to hopefully become a better band as far as songwriting and musicianship goes.
	www.metalreview.com /viewreview.aspx?ID=1510 (464 words)

	SignOnSanDiego.com > News > Nation > Hurricane Katrina -- Citgo declares force majeure at Louisiana plant
		NEW YORK – Citgo Petroleum Corp. declared force majeure on jet fuel and diesel production at its 425,000 barrel-per-day refinery in Lake Charles, Louisiana, after it was downed by Hurricane Rita, the company said.
		Lake Charles was the second plant to declare force majeure on some of its oil products after the storm, following oil major Total at its Port Arthur, Texas, plant.
		Force majeure suspends companies' obligations to perform or meet their commitments due to accidents or equipment failures, among other things.
	www.signonsandiego.com /news/nation/katrina/20051005-0809-energy-citgo-forcemajeure.html (340 words)

	Association Meetings: The Terminator: Force Majeure (Site not responding. Last check: 2007-10-08)
		A force majeure provision addresses the conditions under which a party may terminate an agreement without liability in case of major unforeseen events.
		The most critical timing issue is determining what interval between a potential force majeure occurrence and the meeting justifies termination.
		The more lead time that is necessary to plan a meeting, the more reasonable it may be to cancel for reasons of force majeure that occur well in advance of that meeting.
	www.findarticles.com /p/articles/mi_m0CXQ/is_4_15/ai_106132396 (490 words)

	The Supreme Court may alleviate Cheney's energy task force troubles \| By Amanda Griscom \| Grist Magazine \| Muckraker \| ...
		Those behind the lawsuit against the veep are certain the documents will reveal that the White House was canoodling with industrial interests behind closed doors as it worked to establish national energy policy.
		The goal of the suit: to find out if Cheney's clandestine task force negotiations were illegally influenced by energy industry kingpins from companies like Enron, The Southern Company, and Cheney's own pride and joy, Halliburton.
		Cheney's Justice Department lawyers, who declined to speak with Muckraker, have repeatedly insisted that Cheney is immune to the court order to release the papers on grounds of a constitutional separation of powers.
	www.grist.org /news/muck/2003/12/17/task (1514 words)

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