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To: oldirtybastard who wrote (99254)5/3/2001 10:32:28 AM
From: Ilaine  Respond to of 436258
 
Force majeure isn't just "act of God" or force of nature. One thing you may not be aware of is that the legal system in most countries - e.g., Europe, except for England, Ireland and Wales - is civil law, not common law. Things that you take for granted under common law - e.g., caveat emptor - don't always come out the same in civil law systems. They believe pacta sunt survanda - contracts must be honored - just as we do in common law - but there is more emphasis on honoring the will of the contracting parties - the intentions they had when they entered into the contract.

Even in common law, though, force majeure isn't limited to "acts of God."

(I went to Tulane - one of the few places in the world you can study both civil and common law.)

Edit: I don't know enough about the gold biz to venture a guess as to how it would come out. But if Heinz says force majeure, I don't doubt there's a basis for it - Heinz is a very smart guy.