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Coronavirus impact: Seeking safe harbour under 'force majeure' may not help

Legal experts said that unlike many civil law jurisdictions, in India, force majeure is a contractual right, and not a right codified under the law

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Experts say the outbreak could impact ongoing mergers and acquisitions

Sudipto Dey New Delhi
The force majeure clause, which some in Corporate India could be looking to invoke in case of a breakdown in contracts because of the coronavirus outbreak (COVID-19), might not work in all cases, say experts.
 
“COVID-19 is unlikely to give rise to a valid force majeure defence under every contract and in every circumstance, as different contracts and governing laws stipulate different requirements for different situations,” said a note prepared by law firm Cyril Amarchand Mangaldas for its clients, assessing the legal impact of the outbreak on India Inc.
 
The note highlighted the need for companies to proactively