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''Force majeure'' ( , , or ; (:fɔʁs maʒœʁ)) – or ''vis major'' (Latin) – meaning "superior force", also known as ''cas fortuit'' (French) or ''casus fortuitus'' (Latin) "chance occurrence, unavoidable accident",〔Royal Institute of Thailand. (n.d.). (''Word Coinage by the Royal Institute of Thailand'' ). accessed 18 March 2008.〕 is a common clause in contracts that essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties, such as a war, strike, riot, crime, or an event described by the legal term ''act of God'' (such as hurricane, flooding, earthquake, volcanic eruption, etc.), prevents one or both parties from fulfilling their obligations under the contract. In practice, most force majeure clauses do not excuse a party's non-performance entirely, but only suspend it for the duration of the force majeure.〔(【引用サイトリンク】title=Amazon.com: International Business Law and Its Environment, Eighth Edition (South-Western Legal Studies in Business Academic Series) (9780538473613): Richard Schaffer, Filiberto Agusti, Lucien J. Dhooge, Beverley Earle: Books )〕〔(Principle of Force Majeure (including international references) ), Trans-Lex.org〕 ''Force majeure'' is generally intended to include occurrences beyond the reasonable control of a party, and therefore would not cover: * any result of the negligence or malfeasance of a party, which has a materially adverse effect on the ability of such party to perform its obligations; * any result of the usual and natural consequences of external forces (for example, predicted rain stops an outdoor event); and * any circumstances that are specifically contemplated (included) in the contract. Under international law, it refers to an irresistible force or unforeseen event beyond the control of a state making it materially impossible to fulfill an international obligation, and is related to the concept of a state of emergency. == Purpose == Time-critical and other sensitive contracts may be drafted to limit the shield of this clause where a party does not take reasonable steps (or specific precautions) to prevent or limit the ''effects'' of the outside interference, either when they become likely or when they actually occur. A ''force majeure'' may work to excuse all or part of the obligations of one or both parties. For example, a strike might prevent timely delivery of goods, but not timely payment for the portion delivered. A ''force majeure'' may also be the overpowering force itself, which prevents the fulfillment of a contract. In that instance, it is actually the impossibility or impracticability defenses. In the military, ''force majeure'' has a slightly different meaning. It refers to an event, either external or internal, that happens to a vessel or aircraft that allows it to enter normally restricted areas without penalty. An example would be the Hainan Island incident where a U.S. Navy aircraft landed at a Chinese military airbase after a collision with a Chinese fighter in April 2001. Under the principle of ''force majeure'', the aircraft must be allowed to land without interference. The importance of the ''force majeure'' clause in a contract, particularly one of any length in time, cannot be overstated as it relieves a party from an obligation under the contract (or suspends that obligation). What is permitted to be a ''force majeure'' event or circumstance can be the source of much controversy in the negotiation of a contract and a party should generally resist any attempt by the other party to include something that should, fundamentally, be at the risk of that other party.〔 For example, in a coal-supply agreement, the mining company may seek to have "geological risk" included as a ''force majeure'' event; however, the mining company should be doing extensive exploration and analysis of its geological reserves and should not even be negotiating a coal-supply agreement if it cannot take the risk that there may be a geological limit to its coal supply from time to time. The outcome of that negotiation, of course, depends on the relative bargaining power of the parties and there will be cases where ''force majeure'' clauses can be used by a party effectively to escape liability for bad performance. Because of the different interpretations of ''force majeure'' across legal systems, it is common for contracts to include specific definitions of ''force majeure'', particularly at the international level. Some systems limit ''force majeure'' to an ''Act of God'' (such as floods, earthquakes, hurricanes, etc.) but exclude human or technical failures (such as acts of war, terrorist activities, labor disputes, or interruption or failure of electricity or communications systems). The advisory point is in drafting of contract make distinction between ''act of God'' and other shape of ''force majeure''. As a consequence, Force Majeure in areas prone to natural disaster requires a definition of the magnitude of the event for which Force Majeure could be considered as such in a contract. As an example, in a highly seismic area a technical definition of the amplitude of motion at the site could be established on the contract, based for example on probability of occurrence studies. This parameter or parameters can later be monitored at the construction site (with a commonly agreed procedure). An earthquake could be a small shaking or damaging event. The occurrence of an earthquake does not imply the occurrence of damage or disruption. For small and moderate events it is reasonable to establish requirements for the contract processes; for large events it is not always feasible or economical to do so. Concepts such as 'damaging earthquake' in force majeure clauses does not help to clarify disruption, especially in areas where there are no other reference structures or most structures are not seismically safe.〔((Spanish) Force Majeure Construction and Earthquakes )〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「force majeure」の詳細全文を読む スポンサード リンク
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