Force majeure is a clause commonly included in contracts to protect parties from unexpected events that may prevent either party from fulfilling its obligations under the contract. Such events may include natural disasters, war, strikes, or any other unforeseeable occurrence that is beyond the parties` control. However, the question arises, can force majeure be implied into a contract?

The answer is yes, but it is not encouraged. Courts generally do not imply force majeure clauses into contracts as they are not considered standard contractual terms. Implied terms in a contract are typically limited to terms that are necessary to give effect to the parties` intentions. A force majeure clause is not considered an essential term in a contract and is not typically implied into contracts.

As a result, it is recommended that parties explicitly negotiate and include a force majeure clause in their contracts to avoid any ambiguity or confusion. This will ensure that the parties understand the risks associated with the contract and how they will be managed if an unforeseeable event occurs.

When drafting a force majeure clause, the parties should be specific about the events that will trigger the clause. For example, they should clearly define what constitutes a natural disaster, war or any other unforeseeable occurrence that may prevent the parties from performing their obligations. It is also essential to specify the consequences of invoking the force majeure clause, such as whether it will result in the termination of the contract or merely a suspension of the parties` obligations.

In conclusion, force majeure clauses should not be implied into contracts as they are not considered standard contractual terms. It is best practice for the parties to negotiate and explicitly include a force majeure clause in their contracts to manage any unforeseeable events that may prevent them from fulfilling their obligations. By doing so, the parties will have a clear understanding of their obligations and risks associated with the contract.