Covid-19, its implication and force majeure - by Vishnu Langawat
Covid-19 has been declared a worldwide pandemic by WHO and because of which manufacturing, trading and all other commercial activities across the globe came to halt and created an act or event which is phenomenal and never witnessed in human history as far as I remember. The Parties are invoking force majeure clause and claiming excuse to perform the contractual obligations whereas parties on other hand are taking pleas that it’s not a force majeure event and parties can still perform their contractual obligations as enumerated in the contracts. I was researching all these legal aspects and here is my small note on the subject. The Indian Contract Act, 1872 as such has no word “ force majeure ”, however, its concept can be traced in Section 56 of the Indian Contract Act which says that “an agreement to do an act impossible in itself is void”, which is more or less based on “doctrine of frustration” of contract. The concept of force majeure has its origins in Roman law. Roman ...