Force Majeure is a clause commonly found in commercial contracts relating to the supply of goods and/or services. According to theButterworths Concise Australian Legal Dictionary (3rd Edition) Force Majeure can be defined as 'A circumstance beyond the control of a party to a contract, which enables that party to escape liability for failing to perform the contract as a result of the circumstance. First used in the Napoleonic Code, it has a more extensive meaning than the common law 'Act of God' ... It may include human acts (such as war, strikes, machinery breakdowns) as well as natural acts (such as storms, earthquakes)'.
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