When an unforeseen event occurs, a party seeking to invoke a force majeure clause must demonstrate a direct causal link between the event and their inability to perform their contractual obligations. Furthermore, the nature of the event itself is often scrutinized for its foreseeability at the time the contract was entered into. This sub-topic delves into these critical elements.

For a force majeure claim to be successful, the party invoking the clause must prove that the alleged force majeure event was the direct and proximate cause of their failure to perform. This means the event, and not some other intervening factor, prevented performance. For example, if a supplier cannot deliver goods due to a hurricane, they must show that the hurricane directly prevented their ability to procure or transport the goods, rather than a pre-existing logistical issue that was merely exacerbated by the storm.

A key consideration in force majeure is whether the event was foreseeable at the time the contract was signed. Generally, events that were reasonably foreseeable are not considered force majeure. The rationale is that parties are expected to anticipate and contractually address common risks. However, the degree of foreseeability can be nuanced. An event might be generally foreseeable (e.g., bad weather), but its specific impact or severity might be unforeseeable.

When drafting force majeure clauses, it's essential to be as specific as possible about what constitutes a force majeure event. While broad language can be useful, it's also important to consider the interplay of causation and foreseeability. Clearly defining the types of events that would excuse performance and the required causal link helps prevent disputes and provides greater certainty for all parties involved.