Force majeure
Force majeure is a contract clause that excuses or delays a party's performance when an extraordinary event beyond its control, such as a natural disaster, a war or a government order, prevents it.
Updated November 5, 2026 · 1 min read
What a good clause covers
- The events: a list such as fire, flood, hurricanes, epidemics, war, strikes and government orders, plus a catch-all for similar events.
- What it excuses: delay only, or the whole obligation. Payment is often carved out.
- Notice: how soon the affected party must tell the other, and how.
- How long: after how many days of delay either side may end the contract.
Why it matters
In the US, the law doesn't write a force majeure clause in for you. Without one, a party falls back on narrow doctrines like impossibility or frustration of purpose, which courts apply sparingly. Courts also read these clauses closely, so an event that isn't covered, or a clause that only excuses delay, may not help.
An example
A wedding venue's contract lists hurricanes and government orders. When an evacuation order lands on the wedding date, the clause decides whether the deposit is refunded, moved to a new date or kept. Write that outcome into the clause so nobody has to argue about it later.