Riots, storms and such like
12/09/2011 Deja un comentario
Few people can have failed to notice this summer’s riots in England, although many won’t know that a severe storm is heading to the UK as I write.
Storms (tormentas) and riots (disturbios o motines) are examples of events that impede or prevent the performance of contracts. In English law, they are cases of Force Majeure (Fuerza Mayor), unforeseen and unavoidable events for which wise lawyers make provision when draughting contracts.
One feature of the doctrine of Force Majeure that always amuses my Spanish students is our name for desastres naturales, ‘Acts of God’ in English law. Whether or not He actually has a hand in the weather, earthquakes, etc., may be debatable, but it is not a debate to be heard in the English courts.
Thus, Force Majeure includes riots (acts of man) and storms (acts of God).