CAS FORTUIT (French) - noun
CAS FORTUIT, translated as "fortuitous event" in English, is a legal term used in civil law systems to refer to an unforeseeable and unpredictable event that occurs outside the control or influence of the parties involved in a contract or legal agreement. The significance of CAS FORTUIT is that it exempts the parties from certain responsibilities and liabilities that would otherwise arise if it were not for the occurrence of this fortuitous event.
In order for an event to be considered CAS FORTUIT, it must meet several criteria. Firstly, it must be an extraordinary and exceptional occurrence that is beyond the reasonable control of the parties. Examples of such events may include natural disasters like earthquakes, floods, or hurricanes, as well as unforeseen socio-political events such as riots or wars.
Secondly, CAS FORTUIT must be an external event that was not caused or contributed to by the negligence or fault of the parties involved. It is crucial for the event to be unforeseeable and unpreventable to absolve the parties from their contractual obligations.
Lastly, CAS FORTUIT must make the performance of the contract impossible, not just difficult or inconvenient. If the event only hinders or delays the performance but does not render it impossible, it may not be considered CAS FORTUIT.
Overall, CAS FORTUIT provides legal protection to parties in contracts or agreements in circumstances where their performance is significantly hindered or rendered impossible due to uncontrollable and unforeseeable events beyond their control.
