Force majeure and frustration
From French law (force majeure) and English law (frustration)
Contract and obligations
What it means
Both deal with what happens to a contract when something outside the parties' control makes performance impossible or very different. They do it in different ways.
Why it travels badly
French law has a general code rule on force majeure. English law has no general force majeure doctrine, so it exists only if the contract includes it, and the narrow doctrine of frustration works as a fall-back. US law has its own doctrine of impracticability.
How other systems say it
force majeure
Article 1218 of the Civil Code sets out a general rule for events that the debtor could not reasonably foresee or avoid.
höhere Gewalt / Wegfall der Geschäftsgrundlage
Section 313 BGB lets a court adjust a contract when its basis has seriously changed.
frustration
A narrow doctrine; the contract usually ends altogether, and force majeure exists only if the parties wrote it in.
impracticability
A doctrine of excuse when performance becomes extremely difficult, as in the Uniform Commercial Code.
Tip for translators and students
Never assume 'force majeure' in an English-law contract works like the French code rule. Read the clause.
See the Legal Dictionary entry →
Related: Good faith, Obligation and Schuldrecht
Updated October 2026. Spotted a mistake? Tell us.
TheLawToKnow Tools’s glossary is an educational overview of the main differences between legal systems. It is not legal advice.
