Which of the following is typically NOT covered by a force majeure clause?

• A. Natural disasters
• B. War and riots
• C. Inclement weather
• D. Third-party failures

Answer: (C)

A force majeure clause is designed to protect parties from events that are beyond their control, making it impossible to fulfill a contract. This typically includes significant unforeseen circumstances like natural disasters, war, riots, and certain unavoidable disruptions.

Inclement weather can often be anticipated and does not usually qualify as an extreme or uncontrollable event that would invoke a force majeure clause. For example, while severe storms or hurricanes might fall under such provisions, normal or seasonal weather patterns, like rain or snow, are usually expected and planned for by organizations. As such, they do not meet the threshold of disruption typically required for these clauses to apply.

On the other hand, natural disasters are extreme events that can halt operations, while war and riots involve societal disruption that can severely impact business activities. Third-party failures, such as a supplier going out of business unexpectedly, can also significantly disrupt contractual obligations and are generally covered by force majeure clauses. Thus, the option regarding inclement weather stands out as typically not covered under such clauses.