Weather force majeure standard

Both parties to the contract must be completely unable to predict the occurrence of force majeure events. If it can be foreseen, or should be foreseen, it does not constitute force majeure. For example, a ship transported a batch of goods from one seaport to another, and the captain set sail without listening to the broadcast weather forecast before going to sea, and the goods were damaged in a storm.

The storm is not force majeure for the captain. Because as the captain of sea transportation, he should know the weather forecast of the day before going out to sea, and the weather forecast has predicted the storm, and the captain can foresee it, but he should bear the responsibility for the damage to the goods due to negligence.

2. inevitability

Even if an unforeseen disaster occurs, if the consequences can be avoided, it does not constitute force majeure. Only when measures cannot be taken to avoid it can it be characterized by force majeure. For example, if a ship encounters a storm at sea and there is a safe haven nearby, it will be responsible for the damage to the goods if it does not go in.

3, insurmountable

This is the last feature of force majeure. It means that the parties can't overcome the consequences of the incident, that is, there is no way to stop it. This is an extension of force majeure.

cause

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.

Baidu encyclopedia-force majeure