Law’s Presentation:

Intro : …

Overview :

Forces majeures : Forces majeures according to the law, it is basically a

provision which exclude a party’s nonperformance due to circumstances beyond
their control. These clauses aim to allocate risk and provide a mechanism for
resolving disputes arising from unforeseeable events

-Obviosuly, it exclude the fact to get a penalty for failure to perform the
contract due to that event because it is uncontrable for the party concerned
We can thus understand that forces majeures has been created to provide a level
of protection and flexibility for both parties in the contract, ensuring that they
are not held responsible for events outside of their control.

-It is also better for long-time contract because the longer the contract is the
better a chance for an unpredictable event can happen.

- Finally even if a contract couldn’t perform its own part. However the contract
remains and the other party has still to perform its own party.

Briefly i will do an example because it will be easier for everyone

Imagine that due to a pre-contractual phase i do a business woth sir Carbonnel,
we do a contract and we define provisions due to an unforseen event whih
compromise my performance but noot the performance of sir carbonnel.
Regretably, this event appears. By defintion, as it was wroted in the contract, i
will not get a penalty, and as the contract remains, sir carbonnel as to perform
its own pârt of the contract.

Covid-19 :

Obviously with all the examples that Damien mentionned, covid-19, is an

example of forces majeures. During 3 years it has a major impact on global
econimy it has made impossible for certain company to fulfill their contractual
obligations due to government-mandated lockdowns and restrictions on
gatherings.
Here some examples on which sectors were the most impacted on the crisis
because those businesses have been forced to temporarily close or significantly
reduce their operations

Airline : Cancellation of flight during all the lockdowns,

Events companies : wedding planners who has to reschedule their own events
due to restrictions on gathering.

Finally retail’s company due to the fact that they were not considered as
essentials businesses and has to close during the pandemic.