International Journal of Law, Policy and Social Review
2020, Vol. 2, Issue 1
The enforceability of the force majeure clause in commercial contracts amid the destructive covid-19: An Indian perspective
Mohit Singhvi, Aishwarya Anand, Kritika Singh
The authors have discussed the impact of the pandemic on commercial contracts in India in light of the provisions of law and the law laid down by the Hon’ble Supreme Court in India. The presence of the Force Majeure clause is essential in a contract as the Indian law does not provide implied defence for the non-performance. It would not be out of place to state that in the case of non-performance of the contractual obligation by the party, the language of the clause, individual nature of commercial contract will become the key factor in granting any kind of protection as such there cannot be any straight jacket formula. The doctrine of Force Majeure has a limited and restrictive application and owing to which the parties are at the liberty to find a way round to doctrine of frustration and can claim frustration of contract in non- performance of the contract. In the humble opinion and understanding of the authors, the grave character of the pandemic will also help the parties to receive a generous attitude from the Courts across the country.