(Author’s Note: I originally wrote this post for Y2K, but I’ve updated it using plain English. Happy April Fool’s Day 2016!) A standard force majeure contract clause, where "Acts of God" excuse one party from performing their obligations without that non-performance being a breach of contract, are so 20th Century. So what if fire, flood, hurricane, snowstorm, or riot excuse contractual non-performance. Those events are too mundane to contemplate! Contract lawyers desperately need a force majeure clause for the clear and present dangers of the new(er) millennium! So, as a public service to the legal profession, I’ve assumed the heavy burden of drafting a "new age" force majeure clause for my colleagues to freely use: Either party's non-performance of this agreement will be excused to the extent that it is caused by the occurrence of any of the following events or circumstances: (i) Alien abduction, alien i...
Attorney Chadwick C. Busk's monthly blog/newsletter for business professionals, including information technology executives, with occasional asides to comment-worthy topics. These posts are intended to inform and entertain; I earn no revenue from them.