Force Majeure
Force majeure ("superior force") is a contractual provision that excuses performance when extraordinary, unforeseeable events beyond a party's control make performance impossible or impracticable. In Florida, it is a contractual defense governed by the specific clause language.
Common Force Majeure Events
- Natural disasters (hurricanes, floods, earthquakes)
- Pandemics and public health emergencies
- Wars, terrorism, and civil unrest
- Government actions (embargoes, sanctions, shutdowns)
- Strikes and labor disputes
- Utility failures and infrastructure collapse
Florida Requirements
- The event must fall within the clause's listed categories
- The event must be beyond the party's reasonable control
- The event must actually prevent performance (not just increase cost)
- The party must mitigate the impact where possible
- Timely notice must be provided as required by the clause
Without a Clause
Without a force majeure clause, parties must rely on common law doctrines of impossibility or impracticability, which have stricter requirements under Florida law.
Related Terms
- Contract — The agreement containing the clause
- Equity — Fairness in excusing performance
- Estate for Years — Force majeure in lease agreements
Barnes Walker Contract Law
Barnes Walker's attorneys draft force majeure clauses and advise on contract performance disputes in Florida. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC