Force majeure is one of those contract terms that most people have a general sense of — something about extraordinary events excusing performance — but few read carefully until they need it. When businesses needed it during the pandemic, many discovered their clauses did not say what they thought.
Paste any UK contract clause and get a structured risk report — plain English, red flags, enforceability insight, and a suggested counter-proposal.
What force majeure means in English law
Unlike French law, English law has no freestanding doctrine of force majeure. The clause is entirely contractual — it applies only if the contract contains one, and only in the circumstances the clause specifies. A force majeure clause that does not cover a particular event provides no excuse for non-performance caused by that event.
What events are covered
Force majeure clauses typically list categories of triggering events — acts of God, war, terrorism, fire, flood, pandemic, government action, or labour disputes. The pandemic exposed a consistent gap: many clauses that listed natural disasters did not specifically include pandemics or government-ordered closures. Courts were reluctant to imply inclusion where the clause was otherwise specific. Businesses unable to perform due to lockdowns often found their force majeure clauses did not help them.
What the party relying on it must prove
Invoking force majeure typically requires the affected party to show that a triggering event has occurred, that event has prevented or delayed their performance (not merely made it more difficult or expensive), they could not reasonably have avoided or overcome the event's effects, and they have given the required notice within the specified timeframe. Courts apply these requirements strictly. A party that fails to give notice within the contractual period may lose the right to rely on the clause entirely.
What to check in your clause
Check whether the events listed are broad enough to cover the circumstances most likely to affect your performance. Check whether notice requirements are practical. Check what the clause does and does not excuse, and whether it applies symmetrically to both parties or only to one.