CONTRACTUAL OBLIGATIONS IN TIMES OF FORCE MAJEURE

Abstract

Forcible majeure has been common in the general concept of law in the contract field, whereas in the Indian legal framework it raises special comprehensive issues and connotations especially in commercial contracts (KIRAZ and Ustun, 2020). The following chapter seeks to examine the information on force majeure under the Indian contract law. It examines its establishment, legal acknowledgement, and judicial meanings in circumstances of unexpected occurrences, including pandemics and restrictions established by the government (Torsello and Winkler, 2020). The chapter shall examine the miracles which must be in place to qualify to invoke the force majeure in comparison with the few other related concepts such as frustration of contract and impossibility of performance. It will also look at whether adequately drafted force majeure clauses would be effective in dealing risks and business relations instead of relying on statutory duty provisions alone. This can especially be critical in an instance such as India, which uses common law, with the force majeure usually developed over the course of a contract as opposed to a statute (Denison, 2021). The chapter shall also determine the impact of the recent world developments including the COVID-19 pandemic on the invocation and interpretation of force majeure clauses in India. It will illuminate on significant cases and its lesson on the future contracts (Kusumawardhani, 2021). The paper will examine how contractual terms relate to the higher ideals of equity and good faith rules which are frequently used to decide on emerging cases that have no explicit commerce specifications or where there is ambiguity. The focus will specifically be on India, comparing and contrasting it with international practices to provide a clear understanding of the challenges and opportunities for businesses within India's legal framework.