What is a "force majeure" clause used for in a performance contract?

A "force majeure" clause in a performance contract serves to excuse liability due to uncontrollable circumstances. This legal provision acknowledges that certain events—such as natural disasters, war, or other significant disruptions—can prevent one or both parties from fulfilling their contractual obligations.

The primary purpose of this clause is to protect parties from being held responsible for circumstances beyond their control that hinder performance. For example, if a hurricane prevents a company from delivering goods on time, the force majeure clause can relieve them of the penalties associated with that delay.

Understanding the context of this clause is vital in contract law, as it recognizes that not all failures to perform are due to negligence or breach of contract. Instead, it underscores the reality that certain unexpected events can legitimately disrupt contractual relations, allowing for greater flexibility and fairness in contractual dealings during extraordinary times.