tag:blogger.com,1999:blog-3202774368551476669.post2124191390913370468..comments2023-09-15T16:21:31.980+05:30Comments on INDIAN CORPORATE LAW: Force Majeure Clauses and Impossibility Under the Indian Contract Act Umakanth Varottilhttp://www.blogger.com/profile/12438677982004444359noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-3202774368551476669.post-57857967975730007052017-05-26T11:49:54.194+05:302017-05-26T11:49:54.194+05:30Yes, I agree. What I was trying to say is that of ...Yes, I agree. What I was trying to say is that of all the analysis put forth by the Court to support its conclusion, that argument was the most forceful one. Anonymoushttps://www.blogger.com/profile/12689337713980647886noreply@blogger.comtag:blogger.com,1999:blog-3202774368551476669.post-67166846081367600192017-05-25T18:06:56.088+05:302017-05-25T18:06:56.088+05:30Excellent Article. However, one question. I think ...Excellent Article. However, one question. I think the 'more forceful' argument that you propose is exactly what the SC had in mind. I am not able to find an alternative interpretation of the SC's observation. Is it possible to illustrate the conceptual distinction between the SC's observation, and the more forceful interpretation you propose? I think the interpretation you have put forward is the underlying basis of the SC's observation, and not its alternative.Rahul Sibalhttps://www.blogger.com/profile/03206066186418385350noreply@blogger.comtag:blogger.com,1999:blog-3202774368551476669.post-59896484581040399212017-05-25T09:02:17.815+05:302017-05-25T09:02:17.815+05:30Rider: On the foregoing premise, the writer's ...Rider: On the foregoing premise, the writer's concluding remark- , - "Thus, the Court in Adani arguably misstated the law when it found that the mere existence of a force majeure clause would prevent the parties from bringing an alternative claim under section 56."- may not be acceptable to have substance or merit.vswaminoreply@blogger.comtag:blogger.com,1999:blog-3202774368551476669.post-58703345937087377592017-05-25T08:44:00.361+05:302017-05-25T08:44:00.361+05:30IMPROMPTU
".......the law on contractual imp...IMPROMPTU<br /><br />".......the law on contractual impossibility in India....."<br /><br />To put the proposition for discussion, in a better light : Obvious reference is to the unforeseen circumstances, - beyond the control of a contracting party, not envisaged at the point in time of entering into the contract, but arising subsequently, - rendering the performance of the obligation (s),well-nigh impossible, to infinity. True, with the trend in recent times of any change, material or otherwise,- more so retrospectively, - in the applicable and governing law or rules being made almost on a day-to-day basis, the sky is the limit for such clauses being invoked / summoned to rescue.<br />It is in this context that it becomes imperative to specifically provide in every contract agreement that 'time is the essence of the contract'. So that, no such shelter or defense could be spuriously taken /put up as an after thought, in any instance of non-performance within the agreed time frame; by citing reason of any subsequent development, unforeseen or otherwise, such as change in law, or rules, or the like.<br /><br />In any event, ideally speaking, the subject matter/ proposition is not amenable to being discussed, with a purpose, either generally or relying on any case law; but calls for consideration, in a case-to-case basis, with varying facts and peculiar circumstances,open to be differentiated in each case.<br />vswaminoreply@blogger.com