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ARTICLE · 29 MAY 2020

COVID-19 India: A Curious Case Of Force Majeure

In these unprecedented times, where the world is grappling with the catastrophic COVID-19 pandemic, businesses across the globe are witnessing their worst losses. Some even staring at bankruptcies.

IndiaCoronavirus (COVID-19)

In these unprecedented times, where the world is grappling with the catastrophic COVID-19 pandemic, businesses across the globe are witnessing their worst losses. Some even staring at bankruptcies. The magnitude of uncertainty surrounding supply chains owing to the COVID-19 has shifted the focus back on the historical expression known as force majeure. Parties who seek to save themselves from consequences over which they have no control will need to revisit the force majeure clauses in their contracts or shield themselves under the statutory bulwark, if at all. As per the Black's Law Dictionary, force majeure is an event or effect that can be neither anticipated nor controlled. The term includes both acts of nature (for instance, floods and hurricanes) and acts of people (for instance, riots, strikes, and wars). The Supreme Court of India has observed that the expression force majeure is not a mere French version of the Latin expression 'Vis major'. It is a term of

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