Are the accidents in expressway during the tour a force majeure factor?

Unforeseen, inevitable and insurmountable.

What you said is unforeseeable, inevitable and insurmountable, depending on the scene. For example, if there are other roads that can bypass the scene of the accident without violating the traffic rules, it can be overcome, but often expressway can't just go in and out until it goes in and out, so it can't be overcome.

Force majeure is an exemption clause, which means that after the signing of a sales contract, the party who has an accident is exempted from the responsibility of performing the contract or postponed the performance of the contract because of events that cannot be foreseen, avoided or controlled by the parties to the contract, not because of the fault or negligence of the parties. In China's General Principles of Civil Law, it refers to "unforeseeable, unavoidable and insurmountable objective conditions".

Interpretation of 1

Force majeure is an exemption clause, which refers to unexpected events (such as war, national policy reform, etc.) after the contract is signed. ) or natural disasters (such as earthquakes, fires, floods, etc. ) Unforeseen, inevitable, uncontrollable and insurmountable circumstances happen to the parties to the contract, which makes the parties to the contract unable to perform their obligations as agreed or as scheduled, and the party suffering from accidents or natural disasters may be exempted or delayed from performing their obligations.

Two reasons

Force majeure is caused by both natural causes and human and social factors. The former are earthquakes, floods and droughts, while the latter are wars, government bans and strikes. Force majeure is a legal fact. When the force majeure accident occurs, it may lead to the change and elimination of the original economic and legal relationship, if it is necessary to change or terminate the economic contract; It may also lead to the emergence of new economic and legal relations, such as the compensation relationship between property policyholders and insurance companies when they encounter property losses within the insurance scope due to force majeure. When a force majeure accident occurs, the party suffering from the accident should take all measures to reduce the loss.

When concluding a sales contract, there are generally force majeure clauses, including: the contents of force majeure; The time limit and method for the party suffering from the force majeure accident to submit the accident report and supporting documents to the other party; The scope of responsibility of the party who encounters a force majeure accident. If the contract cannot be performed due to force majeure, the contract shall be terminated. If force majeure only temporarily hinders the performance of the contract, the way of delaying the performance of the contract is generally adopted. In the event of a force majeure accident, if the parties have tried their best to take remedial measures and still cannot avoid losses, they may not be liable for compensation.

3 classification

Force majeure mainly includes the following situations:

1. Natural disasters, such as typhoons, floods and earthquakes;

2. Government actions, such as expropriation and requisition;

3. Abnormal social events, such as strikes and riots.