Articles Tagged with Force Majeure Clause

5C8A0485-0766-4613-832C-53DAFCDBD68A-300x200Most business disputes do not start with bad intentions. They start with contracts that were written for a business environment that no longer exists.

The vendor agreement you drafted three years ago did not account for tariffs reshuffling your supply chain. The independent contractor arrangements your company relies on were built before enforcement agencies started looking much harder at how businesses classify workers. The employment practices you put in place assumed a set of rules that several states, including Illinois, have now rewritten.

In 2026, the distance between what your legal documents say and what the law now requires has grown wider, faster, than most business owners have had time to notice. That gap is where disputes begin, audits are triggered, and litigation gets filed.

Did someone say force majeure?

Force Majeure Clauses

COVID-19 Pandemic and Force Majeure clauses

According to Black’s Law Dictionary, force majeure is defined as “An event or effect that can be neither anticipated nor controlled.”   It is generally viewed as an unexpected event that prevents someone from doing or completing something that he or she had agreed to do.  The term is usually applied to acts of God (such as floods and hurricanes), riots, strikes and wars.  It is unclear, however, if the term includes an epidemic, such as COVID-19.   That legal term for unforeseen circumstances resulting in non-fulfillment of a contract is likely to be invoked widely this spring and summer as businesses are unable to make good on commitments due to the corona virus crisis.

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