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:
“There are a sort of men whose visages
Do cream and mantle like a standing pond,
And do a willful stillness entertain,
With purpose to be dressed in an opinion
Of wisdom, gravity, profound conceit,
As who should say, “I am Sir Oracle,
And when I ope my lips let no dog bark!””
—William Shakespeare (1564–1616)
“The United States is the only great nation whose government is operated without a budget. The fact is to be the more striking when it is considered that budgets and budget procedures are the outgrowth of democratic doctrines and have an important part in developing the modern constitutional rights.... The constitutional purpose of a budget is to make government responsive to public opinion and responsible for its acts.”
—William Howard Taft (1857–1930)
“I don’t like to be idle; in fact, I often feel somewhat guilty unless there is some purpose to what I am doing. But spending a few hours—or a few days—in the woods, swamps or alongside a stream has never seemed to me a waste of time.... I derive special benefit from a period of solitude.”
—Jimmy Carter (James Earl Carter, Jr.)