Vis Major - Purpose

Purpose

Time-critical and other sensitive contracts may be drafted to limit the shield of this clause where a party does not take reasonable steps (or specific precautions) to prevent or limit the effects of the outside interference, either when they become likely or when they actually occur. A force majeure may work to excuse all or part of the obligations of one or both parties. For example, a strike might prevent timely delivery of goods, but not timely payment for the portion delivered. Similarly, a widespread power outage would not be a force majeure excuse if the contract requires the provision of backup power or other contingency plans for continuity.

A force majeure may also be the overpowering force itself, which prevents the fulfillment of a contract. In that instance, it is actually the impossibility or impracticability defenses.

In the military, force majeure has a slightly different meaning. It refers to an event, either external or internal, that happens to a vessel or aircraft that allows it to enter normally restricted areas without penalty. An example would be the Hainan Island incident where a U.S. Navy aircraft landed at a Chinese military airbase after a collision with a Chinese fighter in April 2001. Under the principle of force majeure, the aircraft must be allowed to land without interference.

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Famous quotes containing the word purpose:

    I have always felt that the real purpose of government is to enhance the lives of people and that a leader can best do that by restraining government in most cases instead of enlarging it at every opportunity.
    Gerald R. Ford (b. 1913)

    Men may construe things after their fashion,
    Clean from the purpose of the things themselves.
    William Shakespeare (1564–1616)

    Most Americans are born drunk, and really require a little wine or beer to sober them. They have a sort of permanent intoxication from within, a sort of invisible champagne.... Americans do not need to drink to inspire them to do anything, though they do sometimes, I think, need a little for the deeper and more delicate purpose of teaching them how to do nothing.
    Gilbert Keith Chesterton (1874–1936)