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When drafting a contract, one may come across a phrase that refers to an «alien enemy.» At first glance, this term may seem unfamiliar and even slightly alarming. However, it has a specific legal meaning and is not intended to refer to extraterrestrial beings.
An alien enemy is a term used in international law to describe an individual or a group of individuals who are citizens or residents of a country that is at war with the country in question. In other words, an alien enemy is someone who is a citizen or resident of an enemy state.
In a contract, the reference to an alien enemy is often related to a force majeure clause that outlines the circumstances under which the parties` obligations may be excused due to unforeseeable and uncontrollable events. If an alien enemy is identified as the cause of such an event, it may trigger the force majeure clause and relieve the parties from fulfilling their contractual obligations.
For example, if a company has a contract with a supplier in a country that is at war with the company`s home country, and the supplier is unable to fulfill their obligations due to the war, the force majeure clause that refers to an alien enemy may come into play, excusing both parties from their obligations.
It is essential to note that the use of the term «alien enemy» in a modern contract may be viewed as outdated and even offensive. In many jurisdictions, such as the United States, the term has been replaced with more neutral language, such as «hostile foreign power» or «designated enemy state.»
In conclusion, while the term «alien enemy» may sound like something out of a science fiction movie, it has a specific legal meaning in international law and can be used in a contractual context to excuse parties from fulfilling their obligations under certain circumstances. However, it is crucial to use modern and neutral language in contracts to avoid any unintended connotations and ensure clarity for all parties involved.