Force Majeure

Objectives

• Determine appropriate responses to hypothetical situations related to contract law
• Describe the elements of a contract

Discussion Overview

This discussion forum explores appropriate responses to hypothetical situations related to contract law. This discussion forum allows the student to examine force majeure clauses.

Deliverables

Your participation in the discussion forum, including the following:

• Responses to the initial questions
• Responses to at least two other students' posts

Step 1

Consider the scenario below.

A contractor is forced to stop work on a building site owing to early heavy snowfall in late September. The force majeure clause in the contract states the following:

Neither party shall be liable for damages related to the failure to perform the duties under this Agreement if such damages or failure to perform are related to conditions beyond the party's control including, but not limited to floods, tornadoes, fires, earthquakes, and other Acts of God, wars, insurrections, and/or any other cause beyond the reasonable control of the parties.

Could the contractor claim force majeure as grounds for more time?

Step 2

Post the following to the discussion board.

Respond to the following and post your responses to the discussion board:

• Summarize the case highlighting the relevant facts.
• Document whether the contractor can claim more time. Why?