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Showing posts from March 27, 2016

The BUSKLAW April Newsletter: A Force Majeure Clause for the New Millennium

(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 invasion, alien cerebral possession, or alien pernicious in…