Force majeure is a term used in the legal field to refer to unforeseeable and unavoidable occurrences or events that prevent a party from fulfilling their contractual obligations. These events may include natural disasters, war, strikes, government regulations, and other similar unforeseeable events. The question that many people have is whether force majeure is implied in all contracts.
The answer to this question is no. Force majeure is not implied in all contracts, and it primarily depends on the type of contract and the parties involved. For instance, many commercial contracts explicitly include force majeure clauses to protect parties against unexpected events that may interfere with the performance of the contract.
However, in some cases, if force majeure is not explicitly mentioned in a contract, it may still operate by the way of doctrine of frustration. This doctrine applies to cases where performance of obligations under the contract has become impossible or impractical due to an unforeseeable or unavoidable event.
In such cases, the parties involved can invoke this doctrine to excuse performance under the contract. The doctrine of frustration requires the parties to prove that the unforeseen event was beyond their control, and they could not have anticipated or prevented it.
It is worth noting that force majeure is not a defense for non-performance that could have been avoided or mitigated. In other words, a party cannot rely on force majeure to excuse non-performance if they could have taken reasonable measures to prevent or minimize the effect of the unforeseen event.
In conclusion, force majeure is not implied in all contracts, and whether it applies or not depends on the nature of the contract and the parties involved. However, the doctrine of frustration may still apply in cases where force majeure is not explicitly mentioned in the contract. Therefore, it is essential to seek legal advice to understand the implications of force majeure or frustration in any contract.
