What is force majeure?
The concept of force majeure supposes the existence of a fact that makes it impossible for one of the parties to comply with their contractual obligations.
To do so, the affected party must prove that:
- The fact was out of his control
- That he could not have foreseen the event at the time the contract was entered into
- That such events could not have been avoided on his part even by applying the greatest diligence and care
- That the fact prevented the fulfillment of the contract directly and causally
Therefore, to determine if an event is force majeure or not, two requirements must be met:
- the inevitability
Some examples of events that can be considered force majeure are: earthquakes, floods, fires, wars, strikes, epidemics, etc.