The force majeure provision regulates what happens to the obligations in extraordinary events that are beyond the parties' control. The point most often misunderstood in practice is this: the event having happened is not enough on its own; it has to be shown that the event actually prevented the work.
Definition of the provision
Extraordinary events outside the control of the parties are regulated. The scope is limited. The definition is written down.
Listing the scope
Which events are covered is shown by examples. The list may be kept open-ended. The scope is determined.
The unforeseeability condition
The event must be unforeseeable when the contract is concluded. A known risk is out of scope. The condition is written down.
The unavoidability condition
The effect of the event must be impossible to remedy by reasonable measures. A situation in which precautions could be taken is not covered. The measure is set.
Proof of the effect
It is shown that the event actually prevented the work. A general reference is not enough. Proof is required.
Partial effect
The event may affect only one part of the work. The remaining part is carried out. The scope is limited.
Duty to notify
The event is notified without delay. If no notification is made, the provision may not be relied on. The period is written down.
Content of the notification
The nature of the event and its expected effect are written in concrete terms. A vague notification is of no use. The content is clear.
Suspension of obligations
The obligations affected are suspended. The others continue. The scope is written down.
Extension of periods
Delivery periods are extended for the duration of the effect. The calculation is recorded. The new date is notified.
Mitigating loss
The parties make reasonable efforts to mitigate the loss. This obligation is written down. The principle is preserved.
Seeking an alternative solution
Where possible a backup resource is brought in. The provision must not be an easy way out. Effort is expected.
Long-lasting events
If the effect lasts a long time, a right of termination may be provided for. The threshold is written down. The way out is defined.
Payment obligation
The fee for work already done is generally not affected. This is stated explicitly. Uncertainty is removed.
Technical failures
Ordinary system failures are out of scope. Backup is expected in any case. The limit is written down.
Subcontractor problems
A subcontractor's situation does not count as force majeure. Responsibility for a backup resource lies with the service provider. The rule is clear.
Personal obstacles
One person falling ill is not force majeure. This is why depth in the pool is needed. The precaution is structural.
Keeping records
The event, the notification and its effect are recorded. The record is the basis in a later dispute. An archive is kept.
Epidemics and travel restrictions
Whether events of this kind are covered is written explicitly. Uncertainty is disputed later. The article is updated.
The possibility of remote working
Translation work can largely be carried out remotely. This narrows the scope of the provision. The reality is taken into account.
List of examples in the contract
The types of event covered are shown by examples. An example makes interpretation easier. The list is written down.
The provision not being abused
This article cannot be used to cover up a lack of planning or a shortage of capacity; ordinary business risks are not force majeure, and such a use exhausts trust quickly. The limit is preserved honestly. The provision is an exception.
Limits of legal information
What is described here is for information purposes and does not replace a legal opinion. The application of the provision is assessed by a lawyer. The limit is stated.