Force majeure vs Act of God

English translation: It depends on whether acts of people are involved (then "force majeure").

21:01 Nov 15, 2005
English language (monolingual) [PRO]
Law/Patents - Law: Contract(s)
English term or phrase: Force majeure vs Act of God
Hi yall! I am working on one of those exciting legal clauses and I have been trying to decide which would work best. I know they're almost synonymous. Can you help me decide? TIA
sarahl (X)
Local time: 13:11
Selected answer:It depends on whether acts of people are involved (then "force majeure").
Explanation:
"force majeure [Law French "a superior force"] An event or effect that can be neither anticipated nor controlled. The term includes both acts of nature (e.g., floods and hurricanes) and acts of people (e.g., riots, strikes, and wars). Cf. Act of God; vis major"

"vis major, n. [Latin "a superior force"] 1. A greater or superior force: an irresistable force; force majeure. 2. A loss that results immediately from a natural cause without human invention and that could not have been prevented by the exercise of prudence, diligence, and care."

"act of God. An overwehlming, unpreventable event caused exclusively by forces of nature, such as an earthquake, flood, or tornado. The definition has been statutorily broadened to include all natural phenomena that are exceptional, inevitable, and irresistible, the effects of which could not be prevented or avoided by the exercise of due care or foresight. 42 USCA § 9601(1)."

(source: Black's Law Dictionary, 2nd Pocket Edition) :-)
Selected response from:

Derek Gill Franßen
Germany
Local time: 22:11
Grading comment
thanks for the crystal-clear explanation, Derek
4 KudoZ points were awarded for this answer



SUMMARY OF ALL EXPLANATIONS PROVIDED
4 +9force majeure [NFG]
Tony M
5 +4force majeure
Anna Maria Augustine (X)
3 +5It depends on whether acts of people are involved (then "force majeure").
Derek Gill Franßen
5force majeure
juvera


Discussion entries: 10





  

Answers


12 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +9
force majeure vs act of god
force majeure [NFG]


Explanation:
Sarah, I would say they are NOT AT ALL synonymous!

An 'Act of God' might well be a special case of 'force majeure', but many instances of 'force majeure' could not conceivably be classed as 'Acts of God'

Putting it absurdly simply, 'force majeure' means anything that is outside our control ('we' being the people invoking the 'force majeure') -- could be something as simple as a power-cut, for which one could hardly blame the Almighty!

'Act of God' means things that are outside ANYONE's control -- natural disasters, lightning, etc.

So, if you want any kind of guidance from us, you really need to explain the context, and what kinds of event might be being referred to...

All I would say is that I have come across 'force majeure' ever so much more often in general contracts etc. than I have 'Act of God', and I believe it might be regarded as the more all-embracing, general term, if you wanted to err on the safe side.

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Note added at 13 mins (2005-11-15 21:15:18 GMT)
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In the light of your added context, I would say you should definitely use 'force majeure'

Tony M
France
Local time: 22:11
Meets criteria
Native speaker of: Native in EnglishEnglish
PRO pts in category: 52

Peer comments on this answer (and responses from the answerer)
agree  Andrey Belousov (X)
0 min
  -> Spasibo, Andrey!

agree  Elizabeth Lyons
1 min
  -> Thanks, Elizabeth!

agree  Kim Metzger: "Force majeure INCLUDES acts of God": http://www.allbusiness.com/articles/Contracts/541-1551-1777....
8 mins
  -> Thanks, Kim! Precisely!

agree  Derek Gill Franßen: You barely beat me! ;-)
11 mins
  -> Thanks, Derek! ;-)

agree  Michael Lotz: well put.
20 mins
  -> Thanks, Michael!

agree  Attila Piróth
30 mins
  -> Thanks, Attila!

agree  humbird: Yes defintely, as "act of God" is too colloquial.
2 hrs
  -> Thanks, Humbird! Not sure about 'colloquial' --- it is indeed used in formal, legal contexts; but being a subset of 'force majeure', no reason to limit it to that unless the context specifically demands it...

agree  Dave Calderhead
3 hrs
  -> Thanks, Dave!

agree  Tatiana Nero (X): Force majeure is a contract term absolving a Party of liability, one of the enumerated conditions usually is Acts of God. Acts of God also has usage outside contracts context.
84 days
  -> Thanks, Tatiana!
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16 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +5
force majeure vs act of god
It depends on whether acts of people are involved (then "force majeure").


Explanation:
"force majeure [Law French "a superior force"] An event or effect that can be neither anticipated nor controlled. The term includes both acts of nature (e.g., floods and hurricanes) and acts of people (e.g., riots, strikes, and wars). Cf. Act of God; vis major"

"vis major, n. [Latin "a superior force"] 1. A greater or superior force: an irresistable force; force majeure. 2. A loss that results immediately from a natural cause without human invention and that could not have been prevented by the exercise of prudence, diligence, and care."

"act of God. An overwehlming, unpreventable event caused exclusively by forces of nature, such as an earthquake, flood, or tornado. The definition has been statutorily broadened to include all natural phenomena that are exceptional, inevitable, and irresistible, the effects of which could not be prevented or avoided by the exercise of due care or foresight. 42 USCA § 9601(1)."

(source: Black's Law Dictionary, 2nd Pocket Edition) :-)

Derek Gill Franßen
Germany
Local time: 22:11
Meets criteria
Specializes in field
Native speaker of: English
PRO pts in category: 20
Grading comment
thanks for the crystal-clear explanation, Derek

Peer comments on this answer (and responses from the answerer)
agree  Tony M: Exactly, just as I said...
2 mins

agree  Kim Metzger: http://www.allbusiness.com/articles/Contracts/541-1551-1777....
5 mins

agree  juvera
9 mins

agree  Gillian Scheibelein: wonderful explanation
13 hrs

agree  Arkadiusz Witek
1123 days
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23 mins   confidence: Answerer confidence 5/5
force majeure vs act of god
force majeure


Explanation:
IMO both of them refers to circumstances beyond the control of the parties, an event that are unforseeable, therefore couldn't have been avoided.
The difference between them is, that Act of God is a natural catastrophe, the operation of extraordinary natural forces, while force majeure can be man-made, like an industrial strike, war, but it also includes natural catastrophe, the Act of God.

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Note added at 25 mins (2005-11-15 21:26:55 GMT)
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Oh, Dusty and Derek, you are too fast for me. :)

juvera
Local time: 21:11
Does not meet criteria
Works in field
Native speaker of: Native in HungarianHungarian
PRO pts in category: 24
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4 mins   confidence: Answerer confidence 5/5 peer agreement (net): +4
force majeure vs act of god
force majeure


Explanation:
:)

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Note added at 5 mins (2005-11-15 21:07:03 GMT)
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This is the official definition in my double edition of Harrap's bilingual so I would choose that.

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Note added at 19 mins (2005-11-15 21:21:13 GMT)
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hi Sarah,

it is difficult to explain because it can be an earthquake, hurricane, other act of nature but force majeure means : circumstances beyond one's control.

Maybe an act of God would be if the planet disappeared.

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Note added at 45 mins (2005-11-15 21:46:54 GMT)
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Act of God is the uncontrolable force of nature which will result in a disaster. In that case nobody would need a contract for late payment charges.

Anyway I gave you the answer first so in all fairness, decide what you wish. I have to get back to my translation. I've got a deadline but just thought I would try to help.

Anna Maria Augustine (X)
France
Local time: 22:11
Meets criteria
Works in field
Native speaker of: Native in EnglishEnglish, Native in FrenchFrench
PRO pts in category: 24

Peer comments on this answer (and responses from the answerer)
agree  Bianca Jacobsohn: definitely
2 mins
  -> Thank you

agree  Andrey Belousov (X)
6 mins
  -> Thanks

agree  Tony M: Yes, please see my own answer for amplified explanation
11 mins
  -> thanx

agree  Dave Calderhead
3 hrs
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