The Identification of Force majeure is indispensable

Unpredictability
In a specific case, the average rational person can foresee; Or according to the subjective conditions of the actor, such as age, intellectual development, knowledge level, education and technical ability, etc., to judge whether the parties to the contract should foresee.

Inevitability
Although the parties have taken timely and reasonable measures for the possible unexpected situation, it can’t prevent this unexpected situation from happening objectively.

Insurmountable
The party concerned cannot overcome the loss caused by an accident.   If the consequences caused by an event can be overcome through the efforts of the parties concerned, then the event is not an event of force majeure.

Contract performance period
Events constituting force majeure must  occur  after the signing of the contract and before its termination, that  is, during the  performance  of the contract.  If an event  occurs  before  or  after  the  conclusion  of  a contract,    or    when    one    party    is   delayed    in performance  and  the  other  party  agrees,  it  cannot constitute an event of force majeure.

 


Post time: Dec-19-2020