Force Majeure And COVID-19 In India: Legal Challenges And Implications

Abstract

In India, the interpretation and application of force majeure have had its own set of challenges. This paper looks at various legal cases and government notifications with respect to some of these. This post looks at the way Indian courts have interpreted force majeure clauses, specifically due to COVID-19 and the relief granted to such affected parties. The piece also analyses several legal developments and landmark judgments that have guided the legal understanding in the enforcement of contractual obligations during COVID-19. The article also examines the wide-ranging implications that these legal interpretations have for businesses and the economy. One relevant section delves into how different sectors have adjusted their contracts to protect themselves against future contingencies. Government intervention by way of policy measures and statutory changes again is the role scrutinized to understand their impact on the enforcement and recognition of force majeure claims.