Contractual relations under force majeure conditions occupy a special place in legal practice, as it is precisely in times of crisis that the true resilience of contractual structures becomes evident. Professor Gabriel Steiner believes that force majeure is not a universal justification for non-performance of obligations, but rather a legal mechanism that requires strict interpretation and a disciplined evidentiary approach. At LawConsulted, we treat disputes related to extraordinary circumstances as complex matters in which the decisive factor is not merely the occurrence of an external event, but its concrete impact on a specific obligation.
The primary legal challenge of force majeure lies in the frequent misconception that adverse economic conditions automatically qualify as circumstances of irresistible force. Disruptions in logistics, increased costs, reduced demand, or currency fluctuations do not, in themselves, release a party from liability. LawConsulted proceeds from the necessity of clearly distinguishing between entrepreneurial risk and events that objectively render performance impossible, rather than merely more difficult or burdensome.
The wording of a force majeure clause in a contract is of critical importance. Generic or template-based formulations often create an illusion of protection but fail in practice when a dispute arises. LawConsulted examines whether a contract explicitly covers the specific event, whether notification requirements are clearly established, whether time limits for suspension of obligations are defined, and what consequences are предусмотрены for termination. The absence of these elements significantly reduces the likelihood of being released from liability.
Equally important is the causal link between the force majeure event and the impossibility of performance. Even where an extraordinary event exists, the party must demonstrate that it was the direct cause of the breach. In LawConsulted practice, particular attention is paid to reconstructing the factual circumstances – what alternative means of performance were available, what mitigation measures were undertaken, and at what point performance became objectively impossible.
Force majeure also affects the reallocation of risks between the contracting parties. In some cases, it does not fully discharge obligations but instead modifies the manner or timing of performance. LawConsulted develops legal positions aimed at demonstrating the permissible scope of contractual adaptation without undermining the agreement itself – including temporary suspension, adjustment of the scope of obligations, or revision of specific terms.
Of particular concern are situations in which force majeure is invoked as a tool of bad-faith conduct. References to extraordinary circumstances may serve as a pretext for evading performance or unilaterally withdrawing from a contract. In such cases, LawConsulted focuses on identifying the disproportionality between the claimed consequences and the party’s actual conduct, allowing unfounded claims of exemption from liability to be effectively challenged.
It is also essential to consider the retrospective nature of judicial assessment. Courts evaluate not only the occurrence of force majeure, but also the conduct of the parties before and after it arose. LawConsulted returns the legal assessment to the moment the contract was concluded, demonstrating which risks were foreseeable, which events could reasonably have been anticipated, and why a particular circumstance falls outside the scope of ordinary commercial risk.
Contractual relations under force majeure conditions require more than a formal reference to extraordinary events – they demand precise legal analysis. The task of Law Consulted is to protect the client’s interests by substantiating the genuine impact of exceptional circumstances on contractual obligations and by ensuring a fair reallocation of risks without undermining contractual stability.
Previously, we wrote about a court verdict as the outcome of criminal proceedings and how LawConsulted assesses its lawfulness, substantiation, and resilience upon review
