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.

Read more about this topic:  Vis Major

Famous quotes containing the word purpose:

    The very purpose of existence is to reconcile the glowing opinion we have of ourselves with the appalling things that other people think about us.
    Quentin Crisp (b. 1908)

    I want that glib and oily art
    To speak and purpose not, since what I well intend,
    I’ll do’t before I speak.
    William Shakespeare (1564–1616)

    What if we fail to stop the erosion of cities by automobiles?... In that case America will hardly need to ponder a mystery that has troubled men for millennia: What is the purpose of life? For us, the answer will be clear, established and for all practical purposes indisputable: The purpose of life is to produce and consume automobiles.
    Jane Jacobs (b. 1916)