Force Majeure Clauses: Do Strikes and Protests Count?

When strikes, road blockades or street violence stop you from delivering on time, the first question is often whether "force majeure" gets you off the hook. The honest answer is: sometimes. It depends on the law that governs your contract, the exact wording of the clause and the facts of what happened. This explainer shows you how to work it out and how to write better clauses for next time.

As of late October 2026, France has seen a nationwide day of action against the cost of living on 17 October, further actions announced by yellow vest groups for 24 and 31 October, a running public sector strike and a national day of strikes and demonstrations called by five unions for 5 November. Many businesses that sell into France, buy from French suppliers or run events there are asking whether these disruptions excuse late or missed performance. The principles below apply to strikes and unrest anywhere.

This article is general information, not legal advice. Contract disputes turn on specific facts and wording, so speak to a lawyer in the relevant country before you rely on force majeure or refuse to pay a supplier who invokes it.

What force majeure actually means

Force majeure can excuse or suspend a party's contract obligations when an extraordinary event outside its control makes performance impossible. It is not an escape hatch for contracts that have simply become expensive or inconvenient, and courts apply it narrowly.

Two separate sources matter:

• The law that governs the contract. Some legal systems, such as French law, have a default force majeure rule that applies even if the contract says nothing.
• The contract itself. A clause can define force majeure more broadly or more narrowly than the default rule, list specific events, set notice requirements and say what happens next (suspension, extension of deadlines or termination).

Before you discuss whether a strike "counts," check which law governs the contract. Look for a governing law clause, usually near the end. If there is none, the answer can depend on international rules about which law applies, which is a question for a lawyer.

French law: the three tests in article 1218

Under article 1218 of the Code civil, there is force majeure in contractual matters when an event:

1. Escapes the control of the debtor. The party who must perform (the "debtor" of the obligation) could not control the event.
2. Could not reasonably be foreseen when the contract was concluded. Foreseeability is judged at the date of signing, not the date of the disruption.
3. Has effects that cannot be avoided by appropriate measures. If you could have worked around the event, for example with another carrier, another route or another site, it is not force majeure.

If the impediment is temporary, performance is suspended unless the delay justifies ending the contract. If it is permanent, the contract is terminated and the parties are released under the conditions set by law.

Do strikes and protests count under French law?

French courts look at the facts of each case. There is no rule that a strike is, or is not, force majeure. Some patterns help you assess your position.

Internal strikes at your own business

A strike by your own employees rarely qualifies. Courts tend to see it as something within the employer's sphere: you negotiate with your staff, you know about tensions and you may be able to reorganize work. If your warehouse team walks out and you miss a delivery, do not expect force majeure to protect you without a very specific contract clause.

External and general strikes

A sudden general strike, or a strike in a sector you depend on but do not control (for example rail or ports), has a better chance, but only if it was not foreseeable when you signed and you could not find an alternative. Announced strike days weaken the foreseeability argument: if you signed a contract on 20 October 2026 promising delivery in Paris on 5 November, a court may say the national strike day was foreseeable.

Riots, blockades and street violence

Sudden riots, looting or blockades that physically prevent access to your premises or a delivery address may qualify, again depending on the facts. The longer a protest movement runs, the harder it becomes to argue that further disruption was unforeseeable for contracts signed during it.

English and US law: no clause, no force majeure

Under English law and the law of US states, force majeure is not a general legal doctrine. It exists only if the contract includes a force majeure clause, and courts read that clause as written. If your contract with a UK or US customer has no clause, you cannot simply claim force majeure because of French strikes.

Doctrines such as frustration (English law) or impracticability (US law) exist but are rarely triggered by temporary disruption.

When there is a clause, courts usually ask:

• Does the clause list the event, such as "strikes," "labor disputes," "civil commotion" or "riots"?
• If there is general wording, such as "any cause beyond the reasonable control of the party," does the event fit?
• Did the event actually prevent, hinder or delay performance, as the clause requires? Some clauses demand prevention, which is a high bar; others accept delay or hindrance.
• Did the party follow the notice procedure and try to mitigate?

How to check your own contracts this week

If strikes or protests are affecting you or your suppliers, review your key contracts now rather than after a dispute starts.

1. List contracts at risk. Focus on deliveries, events, services and leases with deadlines in the next few weeks, especially anything due around announced strike or protest days.
2. Find the governing law and the force majeure clause. Note whether strikes, labor disputes, riots, civil commotion or acts of public authorities (such as curfews) are listed, and whether your own staff's strikes are excluded.
3. Read the notice requirements. Many clauses demand written notice within a set number of days, sometimes with evidence. Missing the deadline can cost you the protection.
4. Check the consequences. Does the clause suspend obligations, extend deadlines, allow termination after a period, or exclude liability for damages? Are payment obligations excluded from relief?
5. Look at related clauses. Penalty or liquidated damages clauses, service levels, delivery terms and limitation of liability all interact with force majeure.
6. Plan mitigation. Identify alternative carriers, routes, venues or staff arrangements, and keep a record of what you considered and why.

What to do when a disruption hits

Whether you are the party claiming force majeure or the party receiving the notice, a disciplined process protects you.

If you cannot perform

• Notify early and in writing. Describe the event, how it affects performance, the expected duration and what you are doing about it. Follow the clause's format and address.
• Keep evidence. Save official announcements, préfecture notices about curfews or closures, carrier cancellation messages, photos and timestamps.
• Mitigate and document it. Record the alternatives you tried, their cost and why some were not possible.
• Resume as soon as you can. Force majeure usually lasts only as long as the impediment. Send a notice when the disruption ends.

If a supplier claims force majeure against you

• Ask for details and evidence of how the event prevented performance, not just that it happened.
• Check whether the notice met the contract's deadlines and format.
• Ask what alternatives the supplier considered, and whether partial delivery is possible.
• Review your own obligations to your customers so you can pass on notice where your contracts allow it.

How to write a better clause for future contracts

Ask your lawyer about these points for new contracts:

• Name the events. List strikes, lockouts, labor disputes (and say whether your own staff's disputes count), riots, civil commotion, blockades, curfews and acts of public authorities.
• Address foreseeability. Under French law, consider stating that listed events count even if announced or ongoing at signing, if that is what you both intend.
• Choose "prevent," "hinder" or "delay" deliberately. The verb decides how severe the impact must be.
• Set a practical notice process. Reasonable deadlines, email addresses and the evidence expected.
• Define the consequences. Suspension, deadline extension, cost sharing and a right to terminate after a set period of disruption.
• Exclude or include payment obligations explicitly, so nobody uses force majeure to delay paying invoices.

Frequently asked questions

The bottom line

Strikes and protests can count as force majeure, but only when the law and your contract say so and you could not reasonably have avoided the impact. Under French law, article 1218 sets the tests; under English and US law, the clause is everything. Check your key contracts now, give written notice promptly, keep evidence of the disruption and of your efforts to work around it, and talk to your counterparties early.

For new contracts, write clearer clauses that name the events, set practical notice rules and say what happens next.