Q. I keep hearing about force majeure. What must I do to be covered by it?
A: It should be noted at the outset you cannot rely on force majeure (‘FM’) unless you have a clause to that effect in your Terms and Conditions. If that is not the case, the common law vis major (Latin for “a superior force”, which means natural disasters or acts of God) will apply. Your FM clause must relate to causes that are natural and unavoidable catastrophes, that result in either party or both parties not being able to fulfill their contractual obligations. It must not be due to the fault of the party relying on the FM. Notice by the latter party must be given to the other party. It is helpful to list events that may constitute FM including a so called ‘catch all’ clause to deal with possible causes that may have been omitted. DISCLAIMER: Each case depends on its own facts & merits. The above does not constitute advice. Independent advice should be obtained in all instances.Have a legal question? Ask Louis-the-Lawyer!
Send your questions for Advocate Louis Nel to pippa@indpendentwriting.co.za. We will respond to all your questions even if it takes time and additional research, so please be patient. However we will give preference to the most pressing and commonly asked ones.
