A few days ago, a client requested that I review a document for her.

It was actually a consulting Agreement and my client was the consultant.

I got started with the review and I noticed that an all-important clause " Force Majeure" was missing in this contract.

A force Majeure in French literally means "Superior Force".

It means anything, act, or event which makes the performance of one's obligation under a contract to be physically impossible or outrightly illegal.

Some examples of force Majeure include:

War, fire outbreaks, riots, explosions, earthquakes Government legislations, epidemics and pandemics etc.

ill health is not always considered a Force Majeure, it is usually considered a normal occurrence

For ill health to qualify as a force Majeure, then the illness must be so severe and not within your control.

Anything at all that is beyond your control which will make it physically impossible to fulfill your own part of the contract is a force Majeure.

Did you just think of Coronavirus?

You can say that again.

It is that serious.

Clearly, Coronavirus was a force majeure issue.

Now how does this concern you as a business owner?

Unless you adequately protect yourself, you are actually bound by the terms of the Agreement you enter into.

If you are into any form of supply contract, or you have been consulted and booked for an event, or into any business, the performance of which will put you at risk,then you are free to claim force Majeure.

The essence of a force Majeure Clause in a contract is to exonerate you from your obligations under the contract.

Failure to perform your own part of a contract amounts to a breach of contract.

So having a successful claim of force Majeure Will protect you from liability for acts or omissions that would have otherwise made you liable.

So now more than ever, As a business owner you must always insist on documentation and not just that, you must have a Force Majeure clause in it for your own protection.

To your #LegalSense

#BarinaadaLegal.