Force majeure (French: "superior force") describes an event outside the control of the parties which they could not reasonably have foreseen or avoided, and which prevents a party from performing its contractual obligations. Where it applies, the affected party is ordinarily relieved from liability for the failure to perform.
Typical Events
Contracts and legal systems commonly recognise natural disasters, war, civil unrest, epidemics, government action such as embargoes or lockdowns, and, depending on the drafting, strikes or failures of essential infrastructure.
Requirements
A party relying on force majeure generally has to show that the event was beyond its control, that it was not foreseeable when the contract was made, that it actually caused the failure to perform, and that its consequences could not have been avoided by reasonable measures. Many contracts also require prompt written notice.
In Indonesian Law
Articles 1244 and 1245 of the Indonesian Civil Code release a debtor from paying damages where performance was prevented by an unforeseen cause that cannot be attributed to the debtor (overmacht). Courts distinguish absolute force majeure, where performance becomes impossible, from relative force majeure, where performance is merely delayed or made disproportionately difficult.
Drafting Note
Because the common law has no general doctrine of force majeure, contracts governed by English law rely entirely on an express clause. Careful drafting of the list of events, the notice procedure and the consequences, such as suspension or termination, is therefore essential.