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”

New Zealand Shipping Co vs A.M. Satterwaite: A Comment on the Doctrine of Privity

New Zealand Shipping Co vs A.M. Satterwaite (The Eurymedon) is a 1974 case. It’s a leading contractual law case focusing on the concept of the third party to a contract, specifically examining the conditions under which a third party may seek the benefits of an exclusion clause. In it, the Eurymedon is delivered to Liverpool.Continue reading “New Zealand Shipping Co vs A.M. Satterwaite: A Comment on the Doctrine of Privity”

Understanding Section 56 of the Indian Contract Act, 1872

People all over the world undertake contractual obligations by entering into contracts for doing or abstaining from doing an act. When a proposal from one side is accepted by the other, forming consideration for each other, an agreement is set up. A contract is an agreement which is enforced by law.[1] The conditions of enforceabilityContinue reading “Understanding Section 56 of the Indian Contract Act, 1872”

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”