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ARTICLE · 10 JULY 2020

Contracts And Force Majeure During A Pandemic: A View From India

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As the spread of the Covid-19 pandemic casts a large shadow over commerce and industry, contracts have become difficult or even impossible to perform.

IndiaCoronavirus (COVID-19)
Chandrasekhar Tampi (Kochhar & Co.)
Chandrasekhar Tampi (Kochhar & Co.)
Ankur Khandelwal (Kochhar & Co.)
Ankur Khandelwal (Kochhar & Co.)

This article, first published in the Indian Business Law Journal, provides guidance on the application of force majeure provisions in the context of the Covid-19 pandemic.

As the spread of the Covid-19 pandemic casts a large shadow over commerce and industry, contracts have become difficult or even impossible to perform. Contracts have to be reconsidered, contractual rights and obligations must be reassessed and the way in which performance can be completed has to be examined.

Legal issues

A number of questions have to be answered before assessing the validity of force majeure clauses.

  • Does Covid-19 and its consequences constitute a force majeure event? If so, does the force majeure clause cover it?

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