Coronavirus Lawyer Delray Beach: What Is Force Majeure?
There are many Coronavirus Lawyer Delray Beach who are now dealing with issues in relation to force majeure claims. If you are dealing with this kind of situation as well, it is important that you understand how the concept operates and whether it is applicable in our current situation.
Having the force majeure clause is to relieve a party from performing its contractual obligations when an unexpected, external event has occurred which prevents it from performing. The circumstances in which force majeure will apply will depend on (i) the contract including a force majeure clause and (ii) the precise wording of that clause.
Generally the following will need to apply:
- A force majeure event has arisen.
- The party has been prevented (or delayed or hindered depending on the contract wording) from performing as a result of that event.
- The event was beyond the control of the party.
- There were no reasonable steps a party would take to avoid the event or mitigate its effects