General Contract Clauses: Force Majeure (QC Civil Law) | Practical Law

General Contract Clauses: Force Majeure (QC Civil Law) | Practical Law

Under Québec civil law, force majeure has its own existence by law. It is not critical to have a force majeure clause in a contract to allow a party to invoke it as a means of exoneration of liability for the non-performance of the contractual obligations due to the force majeure event and extinction of the obligation. However, the parties can contractually vary from the definition at law. Force majeure clauses work to mitigate the negative effects of force majeure events, including business interruption and supply chain disruption. This Standard Clause suspends the performance of the obligations of the party impacted by the force majeure event, without liability. This Standard Clause has integrated notes with important explanations and drafting tips. Under the common law of Canadian provinces and territories, no right to force majeure is embedded in law and such right must be contractually stipulated to exist. For common law versions of this document, see Standard Clauses, General Contract Clauses: Force Majeure (Long Form) and General Contract Clauses: Force Majeure (Short Form).

General Contract Clauses: Force Majeure (QC Civil Law)

Practical Law Canada Standard Clauses w-035-5388 (Approx. 15 pages)

General Contract Clauses: Force Majeure (QC Civil Law)

by Practical Law Canada Commercial Transactions
MaintainedQuebec
Under Québec civil law, force majeure has its own existence by law. It is not critical to have a force majeure clause in a contract to allow a party to invoke it as a means of exoneration of liability for the non-performance of the contractual obligations due to the force majeure event and extinction of the obligation. However, the parties can contractually vary from the definition at law. Force majeure clauses work to mitigate the negative effects of force majeure events, including business interruption and supply chain disruption. This Standard Clause suspends the performance of the obligations of the party impacted by the force majeure event, without liability. This Standard Clause has integrated notes with important explanations and drafting tips. Under the common law of Canadian provinces and territories, no right to force majeure is embedded in law and such right must be contractually stipulated to exist. For common law versions of this document, see Standard Clauses, General Contract Clauses: Force Majeure (Long Form) and General Contract Clauses: Force Majeure (Short Form).