Therefore, it is important to determine promptly whether there is a notice requirement in your client’s situation. Some provisions require “prompt,” “timely,” or “seasonable,” notice. Many contractual provisions and some statutory provisions require a party that is claiming force majeure to notify the other parties to the contract of the event of force majeure.In many commercial transactions, force majeure issues have been addressed in the contract, so it is important to obtain and review the contract.Here are a few things to consider when confronting force majeure issues: So, in determining whether the doctrine applies, it is necessary to determine (1) whether performance is impossible and (2) whether the impossibility was caused by a fortuitous event. In Louisiana, absent agreement to the contrary, force majeure excuses parties from liability when they fail to perform due to a fortuitous event that makes performance impossible. A “force majeure” clause is a contract provision that relieves the parties from performing their contractual obligations when certain circumstances beyond their control arise, making performance commercially impracticable or impossible.
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