The doctrine of force majeure safeguards the interests of contracting parties when events beyond their control materially affect contractual performance. It applies where performance becomes impossible due to unforeseen circumstances, often described as “Act of God,” reflected in the maxim Actus Dei nemini facit injuriam, meaning, no one should be held legally responsible for losses caused by natural or inevitable events that could not reasonably have been foreseen or prevented.
Contracting parties enjoy significant autonomy in defining how unforeseen events may impact obligations. Through carefully drafted provisions, they may specify circumstances under which obligations may be suspended, modified, or terminated. While such clauses provide flexibility, they remain subject to the overarching framework of the law and cannot override substantive legal principles.
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