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Jul 13, 2021 · Although the term ‘force majeure’ is not explicitly mentioned in the Indian Contract Act (1872) (hereinafter referred to as the ‘Act’), it comes under the ambit of Section 32 as the Supreme Court stated in Energy Watchdog v. Central Electricity Regulatory Commission. [2] Section 32 deals with contingent contracts.
May 30, 2024 · ‘Force Majeure’ is not explicitly stated anywhere, but it stems from the Indian Contract Act of 1872, which specifies that if a contract is predicated on the occurrence of an event that becomes impossible, the contract is void. The Indian Contract Act controls the use of the phrase “force majeure.”
Aug 13, 2023 · The Indian Contract Act, 1872, does not define the Force Majeure Clause. But it’s essence can be seen in Section 32 and 56 of the Indian Contract Act, 1872, which state that: Section 32 states that Enforcement of Contracts contingent on an event happening: The performance of the contract depends on the event, which is uncertain.
Mar 27, 2020 · "Force majeure" is governed by the Indian Contract Act, 1872. In so far as it is relatable to an express or implied Clause in a contract, such as the PPAs before us, it is governed by Chapter III dealing with the contingent contracts, and more particularly, Section 32 thereof.
May 11, 2024 · Section 32 of the Indian Contract Act of 1872 states that contracts that depend on the occurrence of an uncertain future event cannot be legally enforced until that event actually takes place. If the event becomes impossible, these contracts are rendered void.
Force majeure is clause which parties agrees before making a contract and signing this clause them to bind by the contractual obligations and relief under force majeure clause.
May 11, 2020 · A company may insert a force majeure clause into a contract to absolve itself from liability in the event it cannot fulfill the terms of a contract (or if attempting to do so will result in loss or damage of goods) for reasons beyond its control.
Jun 16, 2020 · Although the term ‘force majeure’ finds no presence under the Contract Act, 1872 (“the Act”), its doctrine can be found embodied under Section 32[1] of the Act which renders a contract void when an event upon which performance of contract is contingent becomes impossible.
The Indian Contract Act, 1872 proclaims under section 37 that: The parties to a contract must either perform, or offer to perform, their respective promises, unless such performance is dispens...
Jun 20, 2022 · Force Majeure in relation to the Indian Contract Act, 1872. ‘Force Majeure’ is considered essentially as a common law principle, with no statutory definition under the Indian Laws.
