Friday, July 22, 2005

Force Majeure

Most of the contracts I negotiate contain a terms that says something like, "We will not be liable for any failure to perform as required by this Agreement, if the failure to perform is caused by circumstances reasonably beyond our control, such accidents, civil disorders or commotions, acts of terrorism, acts of God or other such occurrences."

Usually, there's not much negotiation on this point. It's pretty much understood if something really oddball happens, there might be a valid excuse for non-performance. But the other day, someone wanted to negotiate in "acts of any god" to replace "acts of God." I was a little taken back by the polytheism, but to each his own and I accepted the term. If I knew that my couterpart had a sense of humor, I might have responded, "We will not be responsible for any acts of any god, devil, demon, vampire, werewolf or any other supernatural or mythical being." I wonder if he would have faught me on that.

1 Comments:

At 6:03 PM, Anonymous Anonymous said...

hey, isn't the fact you were a little taken aback revealing your mental impression and thus disclosing work product??

 

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