Marked 3 months 5 days ago onto Overcoming Force Majeure amid Post Coronavirus Pandemic: Lawyers Advice on Indian Corporate Laws | Corporate Law Advice in Delhi NCR | Corporate Lawyer in Delhi NCR | Corporate Attorney in India
Source: https://mylawyersadvice.com/overcoming-force-majeure-amid-post-coronavirus-p...
Force Majeure which is also known as Vis Majeure means 'Superior Force'. It is used to protect the parties of a contract against it's breach or non-performance when it is caused due to an even or conditions like acts of god, terrorism, government action, war, etc, which is outside the control of the parties. Such events are unpredictable, unforeseen and have a substantial or material effect on the performance of the contract. The Hon'ble Supreme Court in the case of Dhanrajmal Gobindram vs. Shamji Kalidas, (1961) 3 SCR 1020, held that the purpose of Force Majeure is wide and is intended to protect the performing party from any liability which arises from an event which is uncontrollable. However, Force Majeure is often claimed by people in order to avoid liability for breach of contract wherein their part of contract was very well capable of being completed by them. Therefore, in order to protect the right of the other party in the contract, who might have suffered losses to due non-performance of the contract and the performing party is claiming Force Majeure, the following defenses can be taken:
Comments
Leave your comment below