Force majeure events

How to successfully assert a force majeure defense

In general, force majeure is invoked when someone seeks to escape liability or from obligations.

It can happen in everyday situations as well as in business relations; its accurate interpretation may have a decisive role in civil actions for damages.

Albeit no precise definition is given by the Hungarian Civil Code for force majeure events, it belongs to the set of circumstances or events that are “beyond control“– however, only in part. Several events do not qualify as force majeure just because “it is not our fault”.

Can you invoke force majeure if you failed to meet a contractual obligation because your train was late or because you had an accident on the freeway? Should you accept a force majeure defense from your business partner when he has passed the payment deadline? Or what is the case when something falls off a balcony and hits someone on the head?

You can prepare both for non-contractual liability and for losses caused by non-performance as well if you are aware of the concept of force majeure.

You can find a comprehensive overview in our Hungarian blog entry.

If you are interested in this topic please, contact us for more information in English.