defense to a contract action

sophiasophie

Senior Member
Chinese
Hi,

The following paragraph appears in a home purchase contract:

A Force Majeure Event means any event beyond Seller's control including, without limitation, work stoppages, strikes ... and any other event recognized by the law of the state in which the Home is located as a defense to a contract action for non-performance or a delay in performance.

I googled "contract action", and found the following explanations:

Any agreement, either written or oral, that changes a contract. What is CONTRACT ACTION? definition of CONTRACT ACTION (Black's Law Dictionary)

Oral or written statement, or a step taken, that results in the formation or modification of a contract. Also called contracting action, contracting activity. What is contract action? definition and meaning

But in the sentence above, as the word "defense" appears, I am wondering whether "action" means lawsuit.

Could you clarify the meaning of "defense to a contract action" for me? Thank you.
 
  • boozer

    Senior Member
    Bulgarian
    As you say, 'action' means lawsuit.

    They are talking about a force majeure event as an event to be used as a defence in a lawsuit for nonfeasance. That is to say, if I am bound by my contract with you to supply 3 machines but I fail and you sue me for nonfeasance, I can say in my defence 'But there was a strike in my factory' and such a defence should be recognised as valid (because a strike is defined as a force-majeure event in our contract).
     

    sophiasophie

    Senior Member
    Chinese
    As you say, 'action' means lawsuit.

    They are talking about a force majeure event as an event to be used as a defence in a lawsuit for nonfeasance. That is to say, if I am bound by my contract with you to supply 3 machines but I fail and you sue me for nonfeasance, I can say in my defence 'But there was a strike in my factory' and such a defence should be recognised as valid (because a strike is defined as a force-majeure event in our contract).
    Thank you for your detailed explanation. Have a nice day~
     
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