What does force majeure mean in contracts for the carriage of goods?
In the context of the carriage of goods, force majeure (or "irresistible force") refers to an extraordinary, unforeseen, and uncontrollable event that prevents a carrier from fulfilling its contractual obligations.12
In civil-law jurisdictions, a carrier is typically bound as a warrantor for the safety of goods but may be relieved of liability if they can prove that loss or damage resulted from force majeure, the inherent vice of the goods, or the fault of the shipper or consignee.2
Key characteristics of these events include:
* Unforeseeability: The event must be unanticipated and outside the reasonable control of the parties.1
* Impossibility: The occurrence must make the performance of the contract impossible, illegal, or impractical.1
* Exclusion of Negligence: Force majeure does not cover events that are predictable, preventable, or caused by the carrier’s own negligence or misconduct.12
While common-law systems often use the term "acts of God" to describe similar natural forces, the force majeure defense serves a similar purpose in protecting parties from liability when performance is rendered impossible by circumstances beyond their control.12