A common law concept borrowed from the French civil law. “Force majeure” means superior or irresistible force that excuses a failure to perform. It has been defined by the United States Supreme Court as a cause that is “beyond the control and without the fault or negligence” of the party excused. Force majeure events also must not have been reasonably foreseeable; e.g., a blizzard in Houston in January may be a force majeure event, but a blizzard in Montana will not qualify.
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