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Applicability Of Force Majeure And The Doctrine Of Frustration To Contractual Obligations In Light Of Covid-19
ANKITA PAUL
Author - Anindya Mazumdar (Partner), Associate Aakash Raman Sinha
Firm - SINGHANIA & CO. LLP
Force Majeure is a Latin term that translates to "Superior Force". The term finds no mention in the Indian Contract Act, 1852. A Force Majeure clause may provide for termination of the contract at the occurrence of Force Majeure event, or it may provide for an extension in completing the obligations. The clause may also provide for partial termination of obligations.
The World Health Organisation (WHO) declared Covid-19 as a Pandemic on March 11, 2020. If a contract does include "Pandemic" as one of the Force Majeure events, then certainly the clause can be invoked if the breach is a result/by-product of Covid-19 or of the consequential lockdown. Now the question arises whether the same can be invoked if the word pandemic is not specifically mentioned in the Force Majeure clause? The answer to that will depend on the precise manner in which the FM clause has been drafted. « Read More »
ANKITA PAUL
Handling All types of Corporate Law Advisory and Corporate Litigation, IP, Foreign Investment, Insolvency Process, Agreement Drafting and vetting, M& A-Restructuring-opinion, drafting, Company Registration, General Legal Advice
Sophie Asveld
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Email is a crucial channel in any marketing mix, and never has this been truer than for today’s entrepreneur. Curious what to say.
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February 14, 2019
Email is a crucial channel in any marketing mix, and never has this been truer than for today’s entrepreneur. Curious what to say.