Definition Of Force Majeure In Indian Law

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Definition of force majeure in indian law. The legal position on force majeure clauses and impossibility in contracts under indian law and second the correctness of the supreme court s decision in adani. Vs edgar raphael prudhomme. Through this i shall propose an alternative approach to the application of force majeure clauses. The term force majeure relates to the law of insurance and is frequently used in construction contracts to protect the parties in the event that a segment of the contract cannot be performed due to causes that are outside the control of the.

Specialty foods of indiana inc. What is the legal provision of claims for force majeure in indian law. Indiana courts have defined force majeure provisions as specific contractual clauses that allocate risk if. In this case the court cited with approval the passage from matsoukis v priestman and co wherein the definition given by an eminent belgian lawyer of force majeure as meaning causes you cannot prevent and for which.

Force majeure french a superior or irresistible power an event that is a result of the elements of nature as opposed to one caused by human behavior. The term force majeure relates to the law of insurance and is frequently used in construction contracts to protect the parties in the event that a segment of the contract cannot be performed due to causes that are outside the control of the. While force majeure has neither been defined nor specifically dealt with in indian statutes some reference can be found in section 32 of the indian contract act 1872 the contract act envisages that if a contract is contingent on the happening of an event which event becomes impossible then the contract becomes void. Force majeure in indian legal system.

The relevant portion of the section 56 is reproduced as under. The provision of force majeure is provided under section 56 of the indian contract act 1872 the act. Force majeure causes means causes beyond the reasonable control of a party to this agreement including casualties war insurrection strikes lockouts and governmental actions excluding governmental actions of the tribe or any instrumentality of the tribe including the authority and causes which can be controlled by the expenditure of money in accordance with good business practices. Force majeure french a superior or irresistible power an event that is a result of the elements of nature as opposed to one caused by human behavior.

Indiana force majeure law indiana law recognizes the enforceability of force majeure provisions in commercial contracts. Even though force majeure has neither been defined nor dealt with in indian law the concept of an uncertain future event has been recognised under section 32 of the indian contract act 1872 which talks about enforcement of contracts contingent on an event happening.