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View Thread · Previous · Next Return to Index › Can anyone please help me understand force majeure/breach penalty and how it applies to Chinese contracts? Thanks
Ambientman - 2010-10-19

Well, force majeure is a French term, that much I know. As far as I know, it has to do with "Acts of god" (kind of ironic, being used in a Chinese contract, don't you think?). In other words, if a natural disaster occurs and destroys the school, the school is free from adhering to the contract. Similar events supersede contracts too. So as far as I understand, forces that are beyond the schools control, to put it simply. Makes sense.

But, I am wondering, is illness included in Force majeure here in China?

The reason I ask, is, sadly, I've been diagnosed with cancer and need to get back to America to get treated. I mean, I guess technically this is force majeure since it is beyond anyones control. But like I said, I don't think FM covers illness. Maybe it is different in China? Can anyone help?

Also, could the school bring up a "breach of contract" and force me to pay a breach penalty? I don't think any place would be THAT cold hearted, but I am a tiny bit worried, you never know here! However, I assume they will understand, wish me well and send me on my way. But in my situation, what will they do about flight reimbursement and other such things promised in the contract? Might they find a reason to not honor everything? Or is severe illness different?

I must say, so far, in my 20 months here, the school has been great about paying me on time, paid my airfare to China shortly after arrival and have paid all holiday and bonuses earlier than expected. I am wondering if they are still technically bound to the other parts of the contract, like the departure airfare home if I leave before my contract is over. I mean, in the big scheme of things, it is not a huge deal. But then again, treatment will be costly, I have heard, and any extra dough will indeed come in handy.

In general, I just need any general advice on how to handle this situation, maybe someone or something worth turning to.

Thanks for the help

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Can anyone please help me understand force majeure/breach penalty and how it applies to Chinese contracts? Thanks -- Ambientman -- 2010-10-19
View Thread · Previous · Next Return to Index › Can anyone please help me understand force majeure/breach penalty and how it applies to Chinese contracts? Thanks





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