Blue Ocean Law Group℠ are innovative Counsel [iC]℠ and Australian Legal Network Partner for iubenda.
We use iubenda for our own Globally compliant Website Terms of Use, and are an Affiliate -> Get 10% off your initial subscription with this link!
Alternatively, you can create your own subscription-free website legal documents below with our Website / App Legal Bundle which includes Terms of Use, a Privacy Policy and an eCommerce Returns Policy (if applicable).
Contact us if you have special requirements, or need a legal review of your existing Website/App Terms of Use.
Enter the code WHen you pay full price to Purchase one of the following Self Service documents:
Re-Enter the code at checkout each time you buy the following documents to get a discount:
A force majeure clause is a method of allocating the risk of a disruptive event. It is a broad catch-all provision whereby the parties list categories or specific instances of otherwise frustrating events, together with the party or parties to bear the risk of the event occurring.
The clause can also grant options to vary, suspend or terminate the contract to one or more of the parties. [1]
Force majeure clauses form part of a contract’s express terms, subject to the conventional methods of construction.
Absent a force majeure clause, it is unlikely a contract’s commercial purpose would suggest that such a provision is so apparent that it goes without saying [2], meaning a court is likely to refuse to imply it.
Further Reading:
For a more detailed discussion please refer to our blog article “Force Majeure Clauses & Frustration: Why the COVID-19 Pandemic is a Wake-Up Call" by Shakvaan Wijetunga | Virtual Intern at Blue Ocean Law Group℠.
Footnotes:
[1] Eg., Yara Nipro P/L v Interfert Australia P/L [2010] QCA 128, [26].
[2] BP Refinery (Westernport) Pty Ltd vHastings Shire Council (1977) 180 CLR 266, 283.