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Anyone Understand the Term Force Majuere

Fri May 06, 2011 11:09 am

and in particular its legal meaning in a contract when used or expressed as an impossibility.

Re: Anyone Understand the Term Force Majuere

Fri May 06, 2011 11:16 am

it means that both parties are free form their contractual obligations if an unforseen event happens. eg if you were delivering goods to some other country and war was declared in that country

Re: Anyone Understand the Term Force Majuere

Fri May 06, 2011 11:19 am

Feedback wrote:it means that both parties are free form their contractual obligations if an unforseen event happens. eg if you were delivering goods to some other country and war was declared in that country


So the war made it impossible to deliver the goods :ayatollah: :ayatollah: :ayatollah:

Re: Anyone Understand the Term Force Majuere

Fri May 06, 2011 12:17 pm

castleblue wrote:and in particular its legal meaning in a contract when used or expressed as an impossibility.


In my industry Construction Project Management it is generally accepted to mean an "exceptional event or circumstance which is beyond either party's (to the contract) control" although "cannot be foreseen" is often added. This is where the fun the starts as the "Engineer" to the Contract often has to determin whether said event/circumstance is in fact beyond control or could not be easily foreseen. If you're writing a Contract for the Civil Engineering industry is often better to use the FIDIC suite of Contracts as this "risk" is more easily controlled/defined.

That advice will cost you 1200 Euro Mr Castleblue :lol: :lol:

Re: Anyone Understand the Term Force Majuere

Fri May 06, 2011 12:17 pm

castleblue wrote:
Feedback wrote:it means that both parties are free form their contractual obligations if an unforseen event happens. eg if you were delivering goods to some other country and war was declared in that country


So the war made it impossible to deliver the goods :ayatollah: :ayatollah: :ayatollah:


It basically means anything that happens as an Act of God, but in saying that it would I believe cover a war (How that is an act of God I don't know).....

Re: Anyone Understand the Term Force Majuere

Fri May 06, 2011 12:20 pm

Keli wrote:
castleblue wrote:
Feedback wrote:it means that both parties are free form their contractual obligations if an unforseen event happens. eg if you were delivering goods to some other country and war was declared in that country


So the war made it impossible to deliver the goods :ayatollah: :ayatollah: :ayatollah:


It basically means anything that happens as an Act of God, but in saying that it would I believe cover a war (How that is an act of God I don't know).....


There's a really good film with Billy Connelly about "Act of god" where he sue's the pope as his insurance would not pay out when his fishing boat was struck by lightening. :lol: :lol:

Can't for the life of me remember the title though.

Re: Anyone Understand the Term Force Majuere

Fri May 06, 2011 12:30 pm

In my old industry (finance markets) it simply meant Act Of God.

Re: Anyone Understand the Term Force Majuere

Fri May 06, 2011 12:51 pm

it can be anything 'outside the reasonable control' of the parties to the contract. The parties can agree what is and isn't included in the definition but Acts or God 'always' are.

Re: Anyone Understand the Term Force Majuere

Fri May 06, 2011 1:03 pm

Can it be reasonably used to argue that the terms are so overwhemingly favourable to one party in a contract that it would make it impossible for the 2nd party to a contract to be able to influence the disposal of say an asset.

Or do you think that is a matter of legal intrepretation or precedent. :ayatollah: :ayatollah: :ayatollah:

Re: Anyone Understand the Term Force Majuere

Fri May 06, 2011 1:10 pm

Or basically, to spell it out reading between the lines...

QPR are arguing that whilst there's third party ownership (basically admitting charge) it's not *really* third party ownership as they are claiming third party had no influence really?

Re: Anyone Understand the Term Force Majuere

Fri May 06, 2011 1:15 pm

Castleblue-What do you do for a living?You come across as very intelligent,when talking about these rules and regulations.

Re: Anyone Understand the Term Force Majuere

Fri May 06, 2011 1:25 pm

nerd wrote:Or basically, to spell it out reading between the lines...

QPR are arguing that whilst there's third party ownership (basically admitting charge) it's not *really* third party ownership as they are claiming third party had no influence really?


Could be the biggest load of bollocks ever put on a messageboard but I have been told QPR have put up a brilliant LEGAL defence to this charge and have used UK LAW & Legal Precedent to back it up.

Apparently the FA are running in circles trying to find Legal opinion to undue QPR defence lets hope sometime soon they get the clarification they need to put an end to this.

As I say it could be absolute bollocks but then again it could be 100% accurate I honestly don't know. :ayatollah: :ayatollah: :ayatollah: :ayatollah:

Re: Anyone Understand the Term Force Majuere

Fri May 06, 2011 1:27 pm

castleblue wrote:Can it be reasonably used to argue that the terms are so overwhemingly favourable to one party in a contract that it would make it impossible for the 2nd party to a contract to be able to influence the disposal of say an asset.

Or do you think that is a matter of legal intrepretation or precedent. :ayatollah: :ayatollah: :ayatollah:


I really would not have thought so, because I cannot see an Act of God having any bearing on Terms beings favourable to one party in a contract. The restriction appears down to terms that were already agreed between the parties, and Force Majeur appears to have no impact on the restriction applied (Whatever the restrictions are).

Would need a bit more detail though?

:ayatollah:

Re: Anyone Understand the Term Force Majuere

Fri May 06, 2011 1:41 pm

castleblue wrote:and in particular its legal meaning in a contract when used or expressed as an impossibility.

I CANT EVEN SAY IT :cry:

Re: Anyone Understand the Term Force Majuere

Fri May 06, 2011 1:52 pm

So in laymans term what we can dissect from this is;

QPR knowingly played a player who was owned by a third party and then falsified documents to cover it up, buts it's not their fault because it was an act of god......

Oh that's fine then, playoffs it is!
:ayatollah:

Re: Anyone Understand the Term Force Majuere

Fri May 06, 2011 6:55 pm

castleblue wrote:
nerd wrote:Or basically, to spell it out reading between the lines...

QPR are arguing that whilst there's third party ownership (basically admitting charge) it's not *really* third party ownership as they are claiming third party had no influence really?


Could be the biggest load of bollocks ever put on a messageboard but I have been told QPR have put up a brilliant LEGAL defence to this charge and have used UK LAW & Legal Precedent to back it up.

Apparently the FA are running in circles trying to find Legal opinion to undue QPR defence lets hope sometime soon they get the clarification they need to put an end to this.

As I say it could be absolute bollocks but then again it could be 100% accurate I honestly don't know. :ayatollah: :ayatollah: :ayatollah: :ayatollah:


Don't want to worry anyone, but isn't that the scenario with the ranson mortgages that ridsdale took out?

Re: Anyone Understand the Term Force Majuere

Fri May 06, 2011 7:03 pm

shadwellblue wrote:Don't want to worry anyone, but isn't that the scenario with the ranson mortgages that ridsdale took out?


Nope.

Which players does Ranson hold the economic rights to? None of them is the answer.

A Guardian journo got a hard on over one reported clause without understanding what it meant.