What is a “force majeure clause” and under what circumstances can it be valid? i

A “force majeure” clause in a contract for the purchase of goods or services could require, among other things, that you fulfill your obligation (i.e. pay for the goods or services), even in the event of a closure imposed as a result of a “force majeure” (superior force, or fortuitous event).

In order for such a clause to be valid, you must have agreed to it before making your purchase. For example, the clause cannot simply appear on a concert ticket you have purchased or on a receipt you are given after paying an invoice. It must have been included in the initial contract entered into between you and the merchant.

Note that any clause requiring that you to agree to cases of “force majeure” may be deemed abusive and therefore null and void.

Last update : May 6, 2021

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