-
Is there a legal definition of force majeure in your jurisdiction?
-
If there is not, give a brief overview of this concept.
-
Does force majeure allow a party to suspend its obligations? If yes, for how long?
-
Does force majeure allow a party to totally or partially avoid liability for failure or delay in performing its obligations?
-
Does force majeure give a party the potential right to terminate the contract?
-
Is the concept of force majeure enshrined in legislation?
-
Would the courts be willing to imply force majeure terms into contracts?
-
How do courts approach the exercise of interpretation in relation to force majeure clauses?
-
What types of events are generally recognized by courts of your jurisdiction as being force majeure?
-
What types of events have been dismissed by courts of your jurisdiction as being force majeure?
-
Have courts recognized the COVID-19 pandemic as force majeure in your jurisdiction?
-
Would a governmental decision or announcement that an event is a force majeure influence courts of your jurisdiction (e.g. force majeure certificates provided by the Chinese Government to Chinese companies during the covid19 pandemic)?
-
What is the approach taken to drafting force majeure clauses in your jurisdiction?
-
Is it common practice to include force majeure clauses in commercial contracts?
-
If a force majeure clause is not explicitly provided for in a contract, would a party still be able to rely on force majeure?
-
On whom would the burden of proof lie with when attempting to rely on force majeure?
-
What would a party seeking to rely on force majeure be required to show?
-
To what extent is a party required to mitigate its position/losses before seeking to rely on force majeure?
-
Are there any hurdles applicable to the reliance on force majeure?
-
Are there any applicable notice requirements which an affected party would be required to comply with before invoking force majeure?
-
What would be the impact of force majeure on any prepayments made under contractual arrangements?
-
What other contractual remedies are available to affected parties?
-
What effect does force majeure have on consumer contracts? When can a producer or retailer effectively rely on this concept?
-
Does force majeure provide adequate protection for consumers?
-
What type of insurance policy could cover force majeure events in your jurisdiction?
-
Are there any plans for reform in your jurisdiction, in terms of enacting new legislation or amending existing legislation (both for the short-term and long-term), to assist parties with force majeure, given the recent COVID-19 pandemic?
Chile: Force Majeure
This country-specific Q&A provides an overview of Force Majeure laws and regulations applicable in Chile.