Prevented definition

Prevented means “physically or legally impossible to perform”; “hindered” means “impeded" or "impaired". “Delayed” and “impossible” have their ordinary meaning.
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Prevented means that it must be physically or legally impossible to perform. This is a very high bar. It is not enough that performance is more difficult, more expensive, or less profitable. Even where the word "prevented" has not specifically been used, English courts have interpreted force majeure clauses as only applying where performance is impossible in circumstances where such clauses state that a party is to be excused on the occurrence of causes beyond their control, and where a contract provided for delivery "unforeseen contingencies excepted". See HIS MAJESTY’S PROCURATOR IN EGYPT VS. DEUTSCHE KOHLEN DEPOT GESELLSCHAFT
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Prevented really means failure moves to higher wind speed
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Examples of Prevented in a sentence

  • Prevented by department regulations from taking annual leave until December 31 because of sick leave.

  • In any such instance, the Prevented Party must immediately notify the other party giving full particulars of the event of force majeure and the reasons that such event prevents or delays that party from performing its obligations.

  • Upon the completion or mitigation of the event of force majeure, the Prevented Party must recommence its performance as soon as reasonably practicable.

  • Prevented by the department head or designee from utilizing accrued vacation.

  • The Prevented Party must then use commercially reasonable efforts to mitigate the effect of the event of force majeure upon its performance of its obligations.

  • The Prevented Party shall take reasonable means to minimize or remove the effects of an Event of Force Majeure and, within the shortest reasonable time, attempt to resume performance of the obligations delayed or prevented by the Event of Force Majeure.

  • A determination as to whether Shareholder is prevented from planting shall be mutually determined by Shareholder and a representative of Company based on Shareholder’s planting conditions for the period leading up to and including the Prevented Planting Date.

  • Shareholder may elect to plant the sugarbeet crop at any time after the Prevented Planting Date.

  • Prevented planting coverage is not available for any WA approved under Paragraph 73 and the WA offer must contain a statement to this effect.

  • Inability to deliver the Services Prevented performance Where the Provider believes that it will not be able to deliver any of the Services described in this Agreement to the extent that this Agreement requires, the Provider will notify the Purchasers of the extent to which the Provider is prevented from providing those Services and the reasons for that inability.


More Definitions of Prevented

Prevented means that it must be physically or legally impossible to perform. This is a high bar. It is not enough that performance is more difficult, more expensive, or less profitable.
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Prevented means that it must be physically and legally impossible to perform. It is not enough that performance is
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Related to Prevented

  • Performing means (a) with respect to any Portfolio Investment that is debt, the issuer of such Portfolio Investment is not in default of any payment obligations in respect thereof, after the expiration of any applicable grace period and (b) with respect to any Portfolio Investment that is Preferred Stock, the issuer of such Portfolio Investment has not failed to meet any scheduled redemption obligations or to pay its latest declared cash dividend, after the expiration of any applicable grace period.

  • Force Majeure means an event beyond the control of the supplier and not involving the supplier’s fault or negligence and not foreseeable. Such events may include, but is not restricted to, acts of the purchaser in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions and freight embargoes.

  • Unavoidable means adverse impacts that remain after all appropriate and practicable avoidance and minimization have been achieved.

  • Force Majeure Period has the meaning specified in Section 13.1.

  • Force Majeure Event means an event that arises out of causes beyond a Party’s reasonable control, including, without limitation, war, civil commotion, act of God, strike or other stoppage (whether partial or total) of labor, any law, decree, regulation or order of any government or governmental body (including any court or tribunal) and/or delays or outages caused by an internet service provider or independent (not a Party’s subcontractor) hosting facility.