The Concept of Force Majeure during COVID-19

COVID-19 crisis seems to have taken over our lives without any seeming end to it. This pandemic has made way for a nationwide lockdown which has brought up many problems that we didn’t have before. One of which is conducting business while keeping up with limitations of a lockdown. The World Health Organisation officially declaredContinue reading “The Concept of Force Majeure during COVID-19”

Contractual Clauses – Force Majeure

Force majeure is defined in the Black’s Law Dictionary as “an event or effect that can be neither anticipated nor controlled.” It is a contractual provision allocating the risk of loss if performance becomes impossible or impracticable, especially as a result of an event that the parties could not have anticipated or controlled.[1] These areContinue reading “Contractual Clauses – Force Majeure”

The Concept Of Force Majeure

As the world is put together intermeshed in fighting the coronavirus, economies around the world face several hardships, and businesses globally are no exception. More are left with uncertainty and anticipation over the ‘new normal’ with no predictable end to the lockdown. This situation has compelled many companies to raise severe doubts on the abilityContinue reading “The Concept Of Force Majeure”

COVID-19: Impact on Commercial Contracts

Executive Summary Coronavirus is amongst the foremost causes for concern in present times has caused a lot of destruction to mankind. Commercial contracts have become frustrated and impossible to perform due to the pandemic. The parties obliged to perform their duty are afraid of the consequences followed by delinquency. This article talks about concepts likeContinue reading “COVID-19: Impact on Commercial Contracts”

COVID-19: Force Majeure and Its Impact on Performance of Contract

We are all aware of the ongoing Pandemic (COVID-19), which has adversely affected human lives across the globe. To prevent its further spread, many countries, including India, have taken various precautionary measures. One such measure is ‘Lockdown’ wherein all economic and business activities are kept on hold for a temporary period. However, it may continueContinue reading “COVID-19: Force Majeure and Its Impact on Performance of Contract”

COVID-19 and Force Majeure

The recent pandemic was declared a Public Health Emergency of International Concern by the Director-General of the World Health Organization (hereinafter, “WHO”) on the 30th of January 2020. This, as per the 2005 International Health Regulations, is an ‘extraordinary event’ that, as the WHO further elaborates, is “serious, unexpected or extra-ordinary leads to trans-national consequences,Continue reading “COVID-19 and Force Majeure”