Notes from the Bar – Force Majeure and the “but for” test

Force majeure clauses are often found in agreements for sale of commodities and in charterparties.  Very often, it is a long paragraph containing a very long sentence that is laborious to read.  A force majeure clause, if applicable, would allow one party to the contract to avoid liability for non-performance on the occurrence of a force majeure event.  What happens if that party seeking to rely on the force majeure clause had no intention to perform at all in the first place? Read More