With the ongoing fuel protests across Ireland (we heard it's about to happen in the UK and possibly France too), many people are being affected in ways they didn’t expect:
– unable to get to work
– missed flights or holidays
– cancelled appointments
– delayed deliveries and services
Naturally, the question is:
👉 Am I still liable if I couldn’t fulfil my obligations?
💡 You may have heard the term “force majeure”.
In simple terms, this refers to an event outside your control that prevents you from fulfilling a contract. Another example is an outbreak and an act of war.
This is a clause often found in contracts to cater for an event outside of everyone's control....some contracts have them but some don't....
⚖️ Key point
Force majeure only applies if:
– your contract actually includes a "force majeure" clause
– the situation falls within what that clause covers
– the event genuinely prevented performance (not just made things more difficult)
💬 Some real-world examples:
Missing a flight due to fuel shortages → unlikely to trigger force majeure against the airline
Unable to attend work → depends on your employment contract and specific circumstances
A business unable to deliver goods → may rely on force majeure if properly drafted into the contract
⚠️ Important
Force majeure does not simply mean “I couldn’t do it, so I’m not responsible”....
It is a contractual protection, not a general legal right.
If there is no clause, the situation becomes more complex and may involve legal principles like frustration (which is much harder to rely on).
💡 Practical steps if you’re affected:
- Check your contract terms
- Notify the other party as soon as possible
- Keep evidence of what prevented performance
- Try to minimise the impact where you can
Situations like this are exactly where taking early, structured steps can prevent a dispute from escalating.
⚖️ What if your contract can’t be fulfilled due to fuel disruption or an act of war?
If your contract includes a force majeure clause, this may allow the parties to temporarily suspend their obligations until the situation improves ⏳
However, if the disruption continues and there is no clear end in sight, you may be able to argue that the contract has been “frustrated”.
👉 This means the contract effectively comes to an end, and you may be entitled to a refund 💷
⚠️ Be aware:
The other party may not agree straight away and could resist your request. They may say the clause is too vague but if there is any ambiguity in a situation like this, the court may construe the clause in your favour as the aggrieved party....
💡 If the other party refuses to help, taking a structured and firm approach is key.
We can provide a template letter to help you:
✔️ set out your legal position clearly
✔️ request a refund properly
✔️ strengthen your chances of recovery with proven techniques
Situations like this are where knowing how to respond early can make all the difference 👍