Explain the following: Importance of Force Majeure clause in commercial contracts.

CS Professional · Drafting, Pleadings and Appearances · PYQS · June 2023
Explain the following: Importance of Force Majeure clause in commercial contracts.

Answer & Explanation:

A very important provision witnessed in modern commercial contracts relates to 'force majeure' or excuses for non-performance. This provision defines as to what particular circumstances or events beyond the control of the seller would entitle him to delay or refuse the performance of the contract, without incurring liability for damage. It is usual to list the exact circumstances or events, like natural calamity, strike, lockout, riot, civil commotion, Government prohibition, etc. which would provide an excuse to the seller to delay or refuse the performance. It may be further provided that events of a similar nature, which are beyond the control of the parties and which could not have been avoided with due diligence would also furnish the above relief. For example, the Govt. of India has issued memo and clarified that disruption of the supply chains due to spread of corona virus in China or any other country will be covered in force majeure clause and it should be considered as a case of natural calamity and force majeure clause may be invoked whenever considered appropriate. The purpose of a force majeure clause is to relieve a party from performing its contractual obligations when an unexpected, external event has occurred which prevents it from performing.

Topics: Commercial Contracts

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