Force Majeure – Retail Real Estate Law Ruminations

How To Guard Against “Superior Forces” In Our Leases, Mortgages, And Other Contracts; No, This Isn’t Science Fiction. It’s Real Estate Law.

November 11, 2012 By Ira Meislik 3 Comments

How familiar are you with Vis Major clauses in leases, mortgages, and other contracts? Our guess is: probably not very familiar. Vis Major is Latin for “Superior Force”; in French, that’s: Force Majeure. Before we explore “what” might constitute a superior force and other facets of the force majeure concept, we’ll work on “why” – “why” do we include such provisions into our documents? Allow us to ramble somewhat. [Read more…]

Disclaimer: Ruminating and rambling can easily be confused. There are a lot of dictionary meanings for “ruminating.” Our favorite (today) is: “to turn a matter over and over in the mind.” That sounds a lot like “rambling.” For that reason, no one should mistake anything written on this blog as resembling legal advice, even when written by an attorney —not the original blog entries, and not any comments. This blog is intended to be a discussion board for concepts–some flakey, some not–that affect Retail Real Estate Law. Please join that discussion.

How To Guard Against “Superior Forces” In Our Leases, Mortgages, And Other Contracts; No, This Isn’t Science Fiction. It’s Real Estate Law.

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