The consequences of recent major disasters such as the terrorist attacks of 11 September 2001 and the damage caused by storms and floods caused by Hurricane Katrina in 2005 have reinforced the importance of careful contingency planning when negotiating meeting contracts. In the event of a disaster, can you cancel your meeting with no cancellation fee? Can you continue the meeting despite a small number of participants without being responsible for the damage caused by fluctuations? An important instrument for managing the risk of such difficult circumstances is the force majeure clause. · The unforeseen event must make the performance of the contractual obligation completely impossible. The main characteristic of a force majure is that, as mentioned earlier, it can represent an exit for parties who are unable to meet their contractual obligations due to events beyond their control. In other words, such clauses help the parties to be relieved of liability or at least to limit the risk if an unforeseen event prevents them from fulfilling their contractual obligations. However, to obtain a force majeure clause, three conditions must be met: in other words, the law requires that the terms of a contract be respected, and if a contracting party does not do so, this must give rise to contractual and legal liability. In his interpretation of Article 147 of Egyptian Civil Law (the provision of which corresponds to Article 249 of the Civil Law of the United Arab Emirates), the eminent Egyptian jurist Abdul Razek Sanhouri states that (“…. As can be clearly interpreted by article 147, the only circumstances in which the general principle of the inviolability of the treaty may be derogated from are: (i) the grounds which may be provided for by law; and (ii) extraordinary and unforeseeable general events which cause significant hardship and threaten loss to the debtor, a concept analogous to force majeure provisions in commercial contracts, but which does not prevent the performance of obligations under the contract … »). · The consequences and risks of the unforeseen event must not have been attributed to either party by the agreement.

Search the dictionary of legal abbreviations and acronyms for acronyms and/or abbreviations that contain Unexpected. “Unexpected.” Merriam-Webster.com Thesaurus, Merriam-Webster, www.merriam-webster.com/thesaurus/unexpected. Retrieved 30 September 2022. Nglish: Translation of unexpected for Spanish speakers but… Is the contract a Qur`aan? Is it a Bible? Is it a holy book that can never be changed or altered? Of course not. In fact, there are certain situations that put the parties in a position where they are unable to perform their contractual obligations due to events beyond their control. In other words, there are situations that may excuse the performance of a contractual obligation. For this reason, legislators and lawyers have begun to reflect on their need to use terms such as force majeure and/or unforeseen extraordinary circumstances to grant exit and/or redress to parties who are unable to meet their contractual obligations due to events beyond their control. A carefully negotiated force majeure clause is an important tool to reduce the risk of liability associated with cancelling or curtailing a scheduled meeting in response to a disaster. If significant resources are at stake, meeting planners should consider seeking legal counsel advice before signing contracts, and should also consider purchasing meeting insurance. If you take the proper precautions at the beginning, you can be sure that even in the worst circumstances, you will have the flexibility to make the best decision for your meeting. As the reason for a new proceeding, surprise means the state in which a party to a dispute is unexpectedly placed, which is detrimental to that party`s case.

It must be a situation that the party could not reasonably foresee and that could not be avoided or prevented. SURPRISE. This term is often used in equity courts and by equity case writers. This is the act by which a party entering into a contract is surprised, causing sudden confusion or perplexity, making it appropriate for a court of equity to exonerate the party so surprised. 2 Br. Ch. R. 150; 1 Narrative, Gl. jur. § 120, M.

Jeremy, Eq. Jur. 366, seems to think that the word surprise is a technical and almost synonymous term. with fraud. Page 383, note. It is sometimes used in this sense when it is considered suspicious or close to a scam. 1 fonb. Equation 123 3 Chan. Cases 56, 74, 103, 114.

Empty 6 ves. R. 327, 338; 2 Br. Ch. R. 826; 16 ves. R. 81, 86, 87; 1 Cox, r.

340; 2 Harr. Dig. 92. 2. In practice, surprise refers to the situation in which a party finds itself without its own fault, which is detrimental to its interests. 8 N. AS. 407. The courts always do everything in their power to exempt some of the effects of a surprise if it has made a prudent effort to avoid it. 1 Clarke`s R. 162; 3 bouv. Inst.

No. 3285. It is customary to find a standard language of force majeure in the performance of contracts, which limits the excuse of the parties` performance obligations only if performance would be “impossible” due to unforeseen circumstances. Impossibility is a high threshold; There are many circumstances that will make holding a meeting inadvisable and always possible. For added flexibility, you should instead excuse the service if it is “discouraged, economically impractical, illegal, or impossible.” · An unexpected and uncontrolled event must occur. A force majeure clause (French for “force majeure”) is a contractual provision that exempts the parties from performing their contractual obligations when certain circumstances beyond their control arise and make performance discouraged, economically impracticable, illegal or impossible. In the absence of a force majeure clause, the parties are left to the narrow common law contractual doctrines of “impracticability” and “impediment to purpose,” which rarely lead to an excuse for performance. Instead of relying on the common law, meeting planners can be more flexible in times of crisis through a carefully negotiated force majeure clause. Whether negotiated with or without the assistance of a lawyer, the following key elements of a force majeure clause must be addressed: Force majeure and unforeseen exceptional circumstances are two very common legal terms that we hear and deal with from time to time as a lawyer or even as advertisers when we are asked to draft a contract, review or express an opinion with respect to a particular, potential or ongoing dispute. But wait a minute. Don`t they seem similar, if not, what`s the difference? Personally, I did not find this article at all easy to prepare, as these two terms often cause confusion among lawyers in the civil justice system because of the narrow difference between the two. Even if you have negotiated a specific list of force majeure events, you should carefully read the wording before and after the list.

The wording added after a comma can significantly change the scope of the force majeure clause.