Can you claim force majeure without a clause?

If your contract doesn't have a force majeure clause, you may still have limited protection under legal doctrines like "impossibility" or "frustration of purpose." Courts apply these only in rare situations:

• Impossibility applies when it's truly impossible to perform (not just difficult or costly).
• Frustration of purpose applies when the core reason for the deal disappears, even though performance is still possible — for example, renting a space for an event that gets legally canceled.

Without a clause, you'll need to prove one of these strict defenses applies, which can be challenging. Going forward, consider including a clear force majeure clause in your contracts so everyone understands their rights if something unexpected happens.

What to consider in your specific situation

Even if these general rules apply, your outcome could depend on several factors:

• The type and purpose of your contract.
• The exact terms, dates, and performance requirements.
• Applicable state or local contract laws.
• The severity and cause of the disruption.
• Any prior communications or amendments between the parties.

Since every situation is different, you can use Rocket Copilot to get legal information about force majeure and related doctrines, or connect with a Legal Pro to learn more.