Does force majeure have to be in a contract?

A force majeure clause lists extreme, uncontrollable events — like natural disasters, wars, or government shutdowns — that can excuse one or both sides from their obligations without it being considered a breach of contract. Courts also expect the party invoking force majeure to act in good faith and take reasonable steps to reduce or work around the disruption before relying on the clause.

If your contract doesn't include this clause, you can't typically claim "force majeure." You'd instead have to rely on tougher legal concepts like impossibility, frustration of purpose, or impracticability. All three have a high bar, and the specific requirements vary by state. For example, if a venue you rented for an event floods and becomes unusable, a court might consider it "impossible" to perform — but these cases are hard to win and vary widely.

So while a force majeure clause isn't required, many businesses see it as a helpful way to set clear expectations for what happens when the unexpected hits.

What to consider in your specific situation

While this general guidance applies broadly, the right approach depends on your specific contract and circumstances.

• The type and purpose of the contract involved.
• The kinds of risks or disruptions most likely to affect your business.
• How courts in your state interpret "impossibility" or "frustration of purpose".
• The size and importance of the agreement.
• Any insurance coverage or backup options already in place.

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