Preface
Force majeure is generally defined as an unlooked-for incident, or an event that can neither be anticipated nor controlled,
similar to an act of God, war, etc., making it insolvable for a party facing force majeure to perform his scores under the contract.
Hence, a Force majeure clause is included in the utmost of the contracts, to give some relief to the party facing difficulty to perform the contractual scores.
WIDER MEANING OF THE TERM FORCE MAJEURE
The doctrine of Force Majeure has its root in Section 56 of the Contract Act, 1872 countries that an agreement to do an act insolvable in itself is void,
and if a contract has been entered into for a specific act and the act becomes insolvable,
by reason of some event which the party couldn’t help, or the act becomes unlawful latterly, also the contract becomes void.
A force majeure provision in a marketable arrangement is an express provision of circumstances in which the performance under the contract will be excused or suspended temporarily.
It’s settled that where reference is made to ‘ force majeure ’
the intention is to save the performing party from the consequences of anything over which he has no control
- Under Indian law, the Force Majeure doesn’t simply mean anything outside the control of the parties to a contract. Its meaning and connection depend on the particular contract, and the particular wording used.
- Force Majeure clauses in the utmost of the contracts vary, and hence it’s important to review these clauses. Some clauses list out specific exemplifications of force majeure events, while others are in general language. Though the term ‘ Force majeure is of wider import, the parties can take sanctum under the Force majeure clause, only if they place the material/ substantiation to substantiate their plea or contention. to know more about real estate rules and regulations Real Estate lawyers
TO bring THE FORCE MAJEURE CLAUSE
In order to bring the force majeure clause, the party needs to issue a written notice to the other party, as specified in the force majeure clause, notifying the suspense of the party’s scores.
DOCTRINE OF FRUSTATION
This doctrine too has its root in Section 56 of the Contract Act. This doctrine is grounded on the impossibility of the performance of the contract.
The word” insolvable” has not been used then in the sense of physical or nonfictional impossibility.
The performance of an act may not be literally insolvable.
but it may be inoperable from the point of view of the object and purpose that the parties had in view;
and if an untoward event or change of circumstances completely
dislocations the very foundation upon which the parties rested their bargain,
In conclusion, it can veritably well be said that the pledge finds it insolvable to do the act which he promised to do. This doctrine is generally reckoned upon for the termination of the contract unlike the conception of the Force Majeure, which is for the suspense of best Lawyers for property security
Dhanrajamal Gobindram Vs Shamji Kalidas andCo.( AIR 1961 SC 1285), Pollock and Mulla, Indian Contract and
Specific Relief Acts
Chitty on Contracts, Vol. I( 31 st Edition)
Amit Nag & Ors. Vs. Ramprastha Promoters & DevelopersPvt.Ltd. & Ors.( I( 2020) CPJ 31( NC)) the obligation.
It’s settled that when there’s frustration with the contract, the dissolution occurs automatically.
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But when a contract contains a force majeure clause that on construction by the Court is held attracted to the data of the case, the doctrine of frustration of Section 56 can have no operation.
COVID & FORCE MAJEURE
Similarly, There has been a negative impact on world frugality. The epidemic has affected a variety of contracts from construction contracts to manufacturing and force-chain contracts.
In view of the lockdown and suspense orders by colorful governments vide specific bills and central government orders,
it’s fair to state that COVID falls under Force Majeure.
The parties to the marketable contracts need to assess
their contractual vittles for seeking suitable rights and scores to discharge the performance of the contract.
