Force Majeure Notice
This Notice can be used to notify another party that a force majeure event, or an event outside of one's reasonable control, has affected performance of contractual obligations, and to suggest an alternative course of action.
(0 reviews)
Last updated December 18, 2024
Under 5 minutes
Suitable for Australia
Written by
Edwin Montoya Zorrilla
Reviewed by
Damin Murdock
Document Overview
Force Majeure generally refers to a provision commonly included in contracts which exempts parties from fulfilling their contractual obligations due to circumstances beyond their control, such as natural disasters (like floods, earthquakes, or fires), wars, terrorist attacks, pandemics, or government regulations. It is often referred to as an "act of God" clause.
Before sending this notice, you should make sure you understand the nature of any force majeure provisions in your contract. This notice provides you with the options to no longer perform your obligations under the contract (effectively ending the contract) or to suggfest alternative means of performance.
It also caters for a situation where there is no force majeure provision. In the event of an "act of God", there may be a situation where the performance of the contract is rendered impossible, meaning that it is legally "frustrated". Under this situation, the party is no longer required to perform their obligations under the contract. We recommend that you speak to a lawyer before claiming that your contract has been frustrated.
The Legal Risk Score of a Force Majeure Notice Template
Our legal team have marked this document as low risk considering:
- The document does not specify the types of events considered as force majeure, which might lead to disputes over what qualifies as a force majeure event.
- The document does not outline specific remedies or actions to be taken if the force majeure event continues for an extended period, potentially leaving parties without clear guidance on how to proceed.
- There is no mention of how the contract can be reviewed or amended in light of ongoing force majeure circumstances, which could restrict the parties' ability to adapt to changing situations.
Force Majeure Notice Checklist
Complete your free Force Majeure Notice with our checklist
Verify Event Details:
Ensure that the specific force majeure event is clearly described and documented with evidence to support the claim that it is beyond reasonable control.
Communication with the Other Party:
Send the completed force majeure notice to the other party involved in the contract and confirm receipt to ensure they are aware of the circumstances.
Seek Legal Advice:
Consult with a lawyer to review the force majeure notice and discuss potential legal implications or necessary adjustments to the contract.
Response Follow-up:
Monitor for a response from the other party by the specified deadline and prepare to negotiate terms if there are disagreements or clarifications needed.
It's never been so easy
Sign-up to a free Lawpath account
Get started and we’ll take care of you. It’s that easy.
Collaborate with e-Sign and Sharing
Having access to your legal documents has never been easier. You can request e-signature, share the document and download for an efficient collaboration.
Create unlimited legal documents and eSignatures for only $39/month.
Upgrade to a Lawpath legal plan to boost your new business.
Here's what people say about Lawpath’s Force Majeure Notice
Reviews are managed by BazaarVoice and comply with the BazaarVoice Authenticity Policy. Reviews are independently verified by BazaarVoice and detail our customers' real experiences.