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 no purpose to introduce political and social equality between the white and black races. There is a physical difference between the two, which, in my judgement, will probably for ever forbid their living together upon the footing of perfect equality; and inasmuch as it becomes a necessity that there must be a difference, I ... am in favour of the race to which I belong having the superior position.
    Abraham Lincoln (1809–1865)

    Culture is the tacit agreement to let the means of subsistence disappear behind the purpose of existence. Civilization is the subordination of the latter to the former.
    Karl Kraus (1874–1936)

    Happiness serves hardly any other purpose than to make unhappiness possible.
    Marcel Proust (1871–1922)