Force Majeure: A Way to Look Forward in Covid-19

Sunny Verdani
University of Petroleum and Energy Studies,India.

Volume III, Issue III, 2020

The World Health Organisation (WHO) which has affirmed the COVID-19 as “pandemic” which was declared on March 11, 2020. The concept of force-majeure which has been throughout history connected to “hardship of performance.” FM clause while interpreting narrowly, and the party who are evoking such clause have to pardon their performance which must prove the occasion being referred to falls within the extent of the clause. It seems to be reasonably evident that the World Health Organization’s recent division of COVID-19 as a “pandemic” would bring in this outbreak as being within the extent of at least those force majeure clauses that incorporate “pandemic” and even “epidemic.” The effect of such occasion could result in termination of an agreement, which additionally relying upon the particulars of the agreement. What had to be analysed which depend upon the case-to-case. Whether the contractual proviso could have be completed in spite of the interruptions caused by COVID-19. In this procedure, it is fundamental to ensure that parties do not use COVID-19 and the lockdown as a blanket to cover a disguise a contractual breach that would have happened in irrespective of the occurrence of such events. Through this research, researcher also aim to analysis the International prospective of force majeure clause.

Keywords: Covid-19, WHO, Pandemic, Force Majeure, Epidemic.


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