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Tuesday, June 03, 2008
I was reviewing the clauses of a contract I am about to sign off with a new provider (a Call Center) when my eyes simply froze on the Force Majeure clause:

"Neither party shall be liable for any delay, loss or damage caused wholly or in part by any event beyond its reasonable control including, without limitation, war, civil commotion or act of God, technical failure or adverse weather conditions and shall be granted all reasonable time and other indulgences necessary. "

Biiip. Pause. Stop. Freeze. Act of God?

Is this a joke? No. It is not.
Act of God being considered as a Force Majeure. Legally wise. Sorry but I'm at loss & voiceless!
But how could someone (a lawyer) include such a non-sense? Everything and nothing can be considered as an act of God! A simple failure in providing services can be "God's will" for this silly third party?
Hey people, why don't you just forget God and give him some rest for a while...?

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posted by Amine at 6:40 AM |


5 Comments:


At 6/03/2008 10:03:00 PM, Anonymous Anonymous

Des gens qui n'ont aucun scrupule à utiliser the God name!

 

At 6/04/2008 12:27:00 AM, Blogger Reda

par curiosité, c'Est ds quel pays que ce contrat prends place ?

 

At 6/04/2008 10:12:00 PM, Blogger Amine

Reda: Espagne :-)

 

At 6/05/2008 03:43:00 AM, Blogger Gill

Would this clause apply to an atheist? Or strictly the theist.
Wow!

 

At 6/15/2008 12:30:00 PM, Anonymous Anonymous

Guys,
There is no need to get carried away or surprised, because "Act of God" is simply the English legal word for "Force majeure". So any contract with the wording Act of god means an act which is accepted legally as being outside the human control. So Amine, failure to provide a service cannot be automatically translated to an Act of God!

Regards
Hicham