Force Majeure And Ebola - Be Specific

Force majeure, in general terms, is an event that is out of the control of contracting parties which releases the parties from their contractual obligations when the event occurs (or changes those obligations).  As a civil law concept, force majeure is not a recognised concept under English law and therefore only a stated force majeure clause in a contract will be enforced by the English courts in accordance with the general principle that the courts will allow parties the freedom to contract with each other as they wish. Interpretation therefore hinges on the specific wording and intentions of the parties at the time of contract.

Running alongside the devastating loss of life caused by the Ebola outbreak has been the impact on social infrastructure and businesses. This disruption to businesses brings the question: does Ebola translate into a force majeure event and remove or change any contractual obligations in place? The answer is to be found in the detail of each