Can force majeure be implied into a contract?

If my contract doesn’t have a force majeure clause, can the law still protect me when something unexpected stops me from performing?

Answer

A force majeure clause generally only applies if it's written into your contract. Courts usually don't assume one exists, even when something truly unexpected — like a natural disaster, war, or major power outage — makes performance impossible.

This kind of clause can act like a safety net, spelling out what happens when events beyond your control prevent you from fulfilling your agreement. Without it, you may have to rely on stricter common-law doctrines such as frustration of purpose, impossibility, or impracticability. These alternatives usually have a higher bar to meet, and their requirements vary by state. For example, frustration of purpose might apply when the main reason for your contract disappears even though the deal could technically still proceed — like renting a rooftop for a fireworks show that gets canceled by the city.

If you want clearer rules for unpredictable events, it often helps to include a force majeure clause in your contracts from the start.

What to consider in your specific situation

Even though this general rule applies broadly, your situation could vary depending on:

The exact terms or wording of your contract.
The nature of the event that disrupted performance.
State or local laws on contract enforcement.
Any past communications or modifications between you and the other party.
The financial or operational impact on your business.

Since every situation is unique, you can use Rocket Copilot to get legal information about force majeure and similar rules, or connect with a Legal Pro to learn more about your options.

Explore more about termination and term-related clauses

Explore more questions about force majeure

Force majeure clauses explain what happens if unexpected events—like natural disasters, strikes, or emergencies—prevent one or both parties from fulfilling the contract. These questions focus on when force majeure applies and whether it can excuse performance or payment.