Template:M summ 2002 ISDA 5(b)(ii): Difference between revisions

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For the last word on [[force majeure]], the [[JC]]’s [[ultimate force majeure clause]] is where it’s at. Breaking what must be a habit of a lifetime, somehow {{icds}} managed to refrain from going [[crazy-ape bonkers]] with a definition of [[force majeure]] and instead, ''didn’t define it at all''.
{{isda Force Majeure summ|isdaprov}}
 
I don’t know this, but I am going to hazard the confident hypothesis that what happened here was this:
 
{{icds}}, having convened its full counsel of war, fought so bloodily over the issue, over so long a period, that the great marble concourse on [[Olympus|Mount Olympus]] was awash with the blood of slain [[legal eagle]]s, littered with severed limbs, wings, discarded weapons, arcane references to regional variations of tidal waves, horse droppings from Valkyries etc., that there was barely a soul standing, and the only thing that prevented total final wipeout was someone going, “ALL RIGHT, GOD DAMN IT. WE WON’T DEFINE WHAT WE MEAN BY FORCE MAJEURE ''AT ALL''.”
 
There was then this quiet, eerie calm, when remaining combatants suddenly stopped; even those mortally wounded on the floor looked up, beatifically; a golden light bathed the whole atrium, choirs of angels sang and the chairperson said, right, well that seems like a sensible, practical solution. What next then?
 
“We thought we should rewrite the {{Eqdefs}} in [[2011 ISDA Equity Derivatives Definitions|machine code]], your worship.”
 
Excellent idea! Let’s stop faffing around with this [[force majeure]] nonsense and do that then!
 
'''Act of state''': Note reference to “act of state”. {{act of state capsule}}
 
Thus, a [[force majeure]] taking the shape of an [[act of state]] is, we humbly submit, a change in law which makes it impossible for one side or the other to perform its obligations. Compare, therefore, with {{isdaprov|Illegality}}.