Does the definition of force majeure in the contract cover the particular event?
Careful consideration of the definition of force majeure is required to ascertain whether it includes a pandemic. When drafting new contracts, it is advisable to specifically include pandemics and other widespread outbreaks of infectious diseases as events of force majeure to avoid uncertainty. 2. Was the event outside the control of either party? The force majeure clause normally requires the event to be beyond the reasonable control of the parties. An event which is caused by a party’s negligence or wilful default will not constitute force majeure since it is within the reasonable control of the party. 3. Did the event cause the non performance of the obligations in the contract? The mere occurrence of a force majeure event does not automatically excuse the parties from performance of their contractual obligations. A party must show a causal connection between its inability to perform its obligations and the event of force majeure it is relying on. The particular wording of the claus
