Unpredictability
In a specific case, the average rational person can foresee; Or according to the subjective conditions of the actor, such as age, intellectual development, knowledge level, education and technical ability, etc., to judge whether the parties to the contract should foresee.
Inevitability
Although the parties have taken timely and reasonable measures for the possible unexpected situation, it can’t prevent this unexpected situation from happening objectively.
Insurmountable
The party concerned cannot overcome the loss caused by an accident. If the consequences caused by an event can be overcome through the efforts of the parties concerned, then the event is not an event of force majeure.
Contract performance period
Events constituting force majeure must occur after the signing of the contract and before its termination, that is, during the performance of the contract. If an event occurs before or after the conclusion of a contract, or when one party is delayed in performance and the other party agrees, it cannot constitute an event of force majeure.
Post time: Dec-19-2020