Ever wondered what force majeure is translated? Force majeure is literally “superior force.” Many contracts including building contracts and supply of goods contracts have a force majeure paragraph. Usually, drafters put a list of things that are force majeure events in contracts.
What does the Kentucky Supreme Court say force majeure events? “[A] force majeure event is commonly considered to be caused by overpowering, superior, or irresistible force, such as an act of God, which is beyond the reasonable control of the parties and cannot be avoided by the exercise of due care.” Kentucky Utilities Co. v. S. E. Coal Co., 836 S.W.2d 392, 400 (Ky. 1992), as modified on denial of reh’g (Aug. 25, 1992).
Most contracts have a list of force majeure events. If you need someone to draft or review your contracts, please contact us at 270-534-5135 or jtennyson@marcumtennyson.com.