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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

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 ...

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First Published: Fri, March 13 2020. 01:31 IST
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