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Contract doesn't contain Force Majeure clause, how to declare contract as frustrated #AMALawyered

RAMASAMY SANTHANAKRISHNAN
RAMASAMY SANTHANAKRISHNAN
  • May 8, 2020
  • 5 min to read
Contract doesn't contain Force Majeure clause, how to declare contract as frustrated #AMALawyered SANTHANAKRISHNAN

Lawyered presents Advocate Ramasamy SanthanakrishnanFounder & Partner - Krishnan and Krishnan, Advocates and Consultants, in Ask-Me-Anything #AMALawyered series by Lawyered.

Situation:

What if certain Contracts where supply chain is disrupted and supplier cannot perform his obligation does not contain the Force Majeure clause or anything to deal with this Pandemic, can they use Doctrine of Frustration under Section 56 of Indian Contracts Act, 1872? What needs to be proved to declare the contract as a frustrated one? 

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RAMASAMY SANTHANAKRISHNAN
RAMASAMY SANTHANAKRISHNAN

Krishnan & Krishnan was founded in 2017, by a few young lawyers aspiring to see heights in the field. The firm was founded and functioned adhering to the philosophy: quality legal services accessible and affordable to any and all in need. It is the firm’s goal to provide its clients with legal representation grounded upon excellence, ethics and responsiveness. Firm’s objective is to maintain the highest standards of professionalism while providing services to the utmost satisfaction of clients.

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February 14, 2019

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Sophie Asveld

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.

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