What is a Force Majeure Clause?
In Lehigh County and throughout the Commonwealth of Pennsylvania, many contracts contain what is called a force majeure clause. The term force majeure comes from the French phrase meaning “a superior force.”
The purpose of a force majeure clause is to relieve a participant from their contractual duties when they have been prevented by a force beyond their control. Unfortunately, this leaves the other party without the goods or services they contractually agreed upon.
As a consumer, you have important consumer rights. If you have entered into a contract with an individual or company that has not performed based on force majeure, you may still have the right to file a consumer case against that party.
Force majeure can be misused and constitute a breach of contract. Let the experienced breach of contract attorneys at Saffren & Weinberg help you take legal action through a force majeure case in Lehigh County and get the justice you deserve.
How Can You Be Impacted by Force Majeure as a Consumer?
Generally, a force majeure clause will excuse one or both parties to a contract from performing duties upon the occurrence of a specified act, event, or circumstance outside its reasonable control. It will also release them from liability for failure to perform these obligations.
One of the most recent examples of how consumers were impacted by a force majeure event was during the Covid-19 pandemic when companies and businesses were required to shut down operations. As a result, many non-essential manufacturers failed to meet their contractual obligations. Unfortunately, some companies misuse force majeure to try to get out of legally binding contracts.
What Makes a Force Majeure Case Enforceable?
There are valid situations where force majeure can be critical for businesses impacted by unforeseen events and crises. But contractual force majeure clauses must be very definitive to be enforceable. They must
- Be specific about what obligations they may seek to be excused from.
- Define the event that can be considered a force majeure.
- Define a cause-and-effect relationship between the force majeure event and the non-performance of the obligation.
- Be specific about what will happen after the performance is excused.
Many force majeure clauses include strict notice requirements. Additionally, for a contractual obligation to be excused under a force majeure clause, if the event could have been prevented by the contracted party and they did nothing to prevent it, it may not be considered a force majeure event.
Breach of Contract in Lehigh County, PA
Legal contracts are indispensable agreements in our modern lives, and important laws protect consumers in breach of contract disputes, from faulty product lawsuits to suing insurance companies for non-performance.
If you have purchased a product or arranged for a service, you have entered into a contract with another party. If the other party has not contractually performed and has cited force majeure as the reason, you may be able to hold that party accountable through a breach of contract lawsuit.
Remedies in a Breach of Contract Lawsuit
A breach of contract lawsuit can hold the non-performing party accountable and determine how the breach will be addressed.
In some cases, a contract has already outlined how a breach will be remedied. In other cases, the court can force the party in breach to abide by the original commitment or pay compensatory damages to the other party.
If you have contracted with another individual or company for services or products you have not received, were unsatisfactory, or were misrepresented, it’s important to understand your rights and potential remedies under the terms of your contract and consumer law. A skilled breach of contract lawyer will review your contract and advise you on the possible remedies you may have through a consumer case against that party.
Retaining a Breach of Contract Attorney in Lehigh County
Force majeure clauses are narrowly interpreted by the courts and must be highly specific when used to excuse non-performance. Get the help of our experienced breach of contract attorneys at Saffren & Weinberg to understand your legal rights and options when it comes to dealing with a force majeure case in Lehigh County. Contact us at (215) 576-0100 or through our website contact form to schedule a free case evaluation.
Disclosure:
This website is designed to provide only general information. The information presented on this website is not formal legal advice. You should not rely on any general information from any source for making legal decisions. Each legal matter is unique and requires specific attention from a qualified and experienced attorney. Unless a representation agreement has been signed with Saffren & Weinberg, we are not your legal representatives.