Force Majeure – The Little Clause That Could
[The following is a guest post from Molly Madonia, Law ’16, a prior guest alumni contributor to the Blog.]
What do the great Beyoncé Knowles and force majeure clauses have in common? They both demand that we put some respect on their check.
Force majeure clauses in transactional agreements have often been used arbitrarily, perhaps as a legalese-y afterthought, as an easy exit from the contract, or even added merely to shift the signature blocks onto the proceeding page. However, in the time of an international pandemic, unpredictable supply chain, and abundant contractual frustration of purpose, force majeure clauses are finally getting their time to shine. Now, these often-tertiary little provisions are single-handedly keeping businesses afloat, keeping creditors at bay, and punching well-above their weight class across all types of contracts.
Ah, yes, the Baby Lawyer™. The finished product of the intense demands of law school, crisp diploma freshly in hand, joining the fray of the courtroom or the boardroom, ready and oh-so-willing to tackle each and every problem he or she is about to face. So full of life and hope, chock full of caselaw, best practices, tidbits from internships, faculty blessings and encouragement, and an undying love for the Oxford comma. We are blindingly sure that all of our preparation will be enough as we strut into the hallowed halls of the legal profession, away from the strictly regimented last three years . . . and its safety net of office hours and a curved grading scale.