Contracts Under Crisis: A Study Of Force Majeure And Frustration In Indian Jurisprudence
- IJLLR Journal
- Sep 30
- 1 min read
Palak Agrawal, BA LLB, Marathwada Mitramandal Shankarrao Chavan College, Pune.
ABSTRACT
This article explores the legal doctrine of Force Majeure within the framework of Indian Contract law, especially in the wake of the COVID-19 pandemic. It evaluates statutory provisions, distinguishes force majeure from frustration of contract, and critically analyses significant judicial pronouncements including Airport Authority of India case. This piece concludes by suggesting best practices for drafting effective force majeure clauses to ensure contractual resilience.
1. Introduction
In the realm of commercial contracts, parties often prepare for foreseeable risks, but what happens when an unforeseen event disrupts the very performance of a contract? This is where the doctrine of force majeure steps in. Recognized across legal systems and now gaining prominence in India, particularly post COVID-19. Force Majeure clauses have been essential tools in contract drafting. Their invocation however, depends on judicial interpretation and statutory frameworks, making it critical for legal professionals to understand their nuances, limitations and real-world applications.
2. What is Force majeure?
The term force majeure is derived from French, meaning “superior force”. It refers to a contractual clause that exempts parties from fulfilling their contractual obligations when extraordinary events and circumstances beyond their control prevent performance.
Common examples include natural calamities, wars, terrorism, government actions or pandemic. However, to invoke the clause, the affected party must demonstrate efforts to mitigate the impact of the event. The primary purpose of the force majeure clause in contracts is to provide a safety net, relieving parties from liability for non-performance due to such uncontrollable events.
