Student at NMIMS Kirit P. Mehta School of Law, India
Purpose- The purpose of this paper is to understand the applicability of clause of Force Majeure in India and how was it dealt by the country in pandemic times. The paper also examines laws of Singapore and drew a comparative analysis of Singapore and Indian laws. Research Implications- This research provides a preliminary understanding of applicability of force majeure clause in India as well as Singapore. It also examines the validity of contract in absence of force majeure clause and how it was useful in pandemic times. Findings – The clause of Force Majeure has played a crucial role in the contracts especially during the lockdown when it was impossible to honor the contract due to physical disabilities. The clause exempts parties to perform their duties till the situation is back to normal. It was found that it is very important to have the clause of Force Majeure in contract to take defense under this clause in both the countries. Originality/ Value- The paper presents a detailed analysis of Force Majeure clause and its applicability in India as well as Singapore. It also covers the validity of contract in pandemic times and how both countries dealt with the issue. The paper is based on various research papers, articles and journals which has helped to understand the different approaches of both countries in the prevailing pandemic times. As a result, whether a party may be excused from a contract because COVID-19 has been designated a pandemic is a fact-specific judgement that will be based on the nature of the party's responsibilities as well as the Contract's specific provisions.
International Journal of Legal Science and Innovation, Volume 3, Issue 5, Page 144 - 153DOI: https://doij.org/10.10000/IJLSI.111053
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