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{{other uses|Escape Clause (disambiguation)}}
{{undue|date=October 2018}}
{{Refimprove|date=December 2017}}
{{Contract law}}
An '''escape clause''' is any clause, term, or condition in a [[contract]] that allows a party to that contract to avoid having to perform the contract.

If an [[Contract|agreement]] was drawn up for the sale of a [[house]], for example, the purchaser could include some kind of escape clause in the contract, which will allow him to "escape" from the contract without being liable for [[breach of contract]].<ref name="latimes">{{cite news|last1=Bruss|first1=Robert J.|title=Escape Clause Vital to Avoiding Problems When Buying Home|url=https://www.latimes.com/archives/la-xpm-1989-12-10-re-299-story.html|access-date=12 December 2017|agency=Los Angeles Times|date=10 December 1989}}</ref>

==Real estate escape clauses==
A "Subject to a builder's inspection to purchaser's full satisfaction" clause is one example of an escape clause. This clause effectively allows the [[buyer|purchaser]] to "escape" from the contract if an inspection reveals any irregularities or defects.<ref name="latimes"/><ref name="chitrib">{{cite news|last1=Bruss|first1=Robert|title=Home Sellers, Be Aware Of Escape Clauses|url=https://www.chicagotribune.com/1987/09/05/home-sellers-be-aware-of-escape-clauses/|access-date=12 December 2017|agency=Chicago Tribune|date=5 September 1987}}</ref>

Another example is the "Subject to 30-day due diligence" clause, which effectively gives the purchaser a 30-day buffer period to inspect any and all aspects of the property before having to commit to the [[Sales|purchase]].{{cn|date=August 2020}}

A [[72-hour clause]] is an example of a seller's escape clause that may appear in [[real estate]] contracts.

The '''finance contingency clause''' makes the purchase offer contingent upon either the buyer or the property or both qualifying for the loan or [[mortgage]] the buyer will need.

==Escape clause abuse==
Escape clauses, although fulfilling a real and sincere purpose in contracts of all kinds, have the potential of being abused.<ref name="chitrib"/>

For example, the "Subject to a surveyor's inspection to purchaser's full satisfaction" clause mentioned above can be abused if the buyer contracts a surveyor and instructs then to find some kind of fault in the property. The buyer, in other words, takes advantage of the escape clause to cancel the agreement to buy because he has [[Buyer's remorse|buyer remorse]], rather than because there is something wrong with the property.{{cn|date=August 2020}} 

==Escape clause validity==
Escape clauses that require a purchaser or an expert representing the purchaser to be satisfied with the goods or services being purchased, have been challenged in [[lawsuit]]s as invalid for lack of [[consideration]].{{cn|date=August 2020}} The argument is that a party can always escape such a contract by merely claiming to be dissatisfied. Therefore, there is no real requirement for that party to perform their obligations under the contract (to pay for the goods or services), and an agreement that only requires performance by one party is an [[illusory promise]], void as a contract.{{cn|date=August 2020}} Instead, such an agreement constitutes a gift from the performing party to the non-performing party.{{cn|date=August 2020}}{{clarify|date=August 2020}}

Courts{{where|date=August 2020}} have generally held, however, that an escape clause containing a requirement of satisfaction nevertheless creates an enforceable contract, because a court could determine whether a claimed dissatisfaction was or was not reasonable, and therefore feigned to avoid the contract.{{cn|date=August 2020}}

==International trade institutions==
International trade agreements tend to include at least one form of escape clause.<ref name=":0">{{Cite journal |last1=Rosendorff |first1=B. Peter |last2=Milner |first2=Helen V. |date=2001 |title=The Optimal Design of International Trade Institutions: Uncertainty and Escape |url=https://www.jstor.org/stable/3078617 |journal=International Organization |volume=55 |issue=4 |pages=829–857 |doi=10.1162/002081801317193619 |jstor=3078617 |s2cid=153595157 |issn=0020-8183}}</ref> Common escape clauses include [[Countervailing duties|countervailing duty]] penalties, [[Dumping (pricing policy)|antidumping]] statutes, national security exceptions, [[infant industry]] exceptions, [[Balance of payments|balance of payment]] exceptions, and safeguard clauses.<ref name=":0" /> Escape clauses tend to be attractive in the drafting of trade treaties because they give political leaders flexibility to implement trade protection if there is domestic pressure to do so.<ref name=":0" /> 

==See also==
* [[Break clause]]
* ''[[Force majeure]]''

==References==
{{reflist}}

[[Category:Real property law]]
[[Category:Contract clauses]]

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