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Can Force Majuere clauses be same for all type of commercial contracts?

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Question added by Mohammed Amin Petiwala , CFO , Osool Poultry SAOC
Date Posted: 2016/02/01
Vaseem Ahamad
by Vaseem Ahamad , Associate Director Operations , Perfetti Van Melle

 Force Majuer clause is included in all commercial contract and the purpose of force majuere clause is to exempts one or both parties from liability or fulfilling their contractual obligation in case of extraordinary even which is beyond the control of any of the parties such events are legally called Act of God.

In general sense the force majuere are common in all commercial contract but it is put in the contract in two ways 

1) By given a general clause i.e called Catch all phrases like " any thing beyond the reasonable control of party. In such scenario the interpretation is governed by general rule which may be against the party who has drafted the contract.

2) Limiting the spawn of Force majuere by giving a list of incidences / events. In this scenario the interpretation will be done in the light of given list only.

 

 

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