Force Majeure is not a commando group in the French Foreign Legion or a French boy band. Force Majeure is one of many super geeky contract terms that almost no one, including many lawyers, fully understands. When I review contracts for clients, I often get the question of what does this term mean. Then I review contracts prepared by the clients themselves and they included certain terms, like Force Majeure, because the template they were using had one, so it must be right.
Heck, until I began a deep study of contract drafting, I often included the geeky terms without much thought. Well, I can admit I was wrong and I am trying to do better.
This is the first in an occasional series of videos where I talk about some of those geeky contract terms that confuse lots of people.
Up first is Force Majeure, a French term that means an event beyond the control of the parties to the contract that may excuse complete performance and may be grounds to terminate or modify the contract.
Note: In a profession that uses Latin too much, I cannot explain why a French term became so popular.