As we all know second wave of corona is spreading at an abrupt manner compelling various state govt & municipal authorities to impose lock down which is indeed impacting the trade & commerce of such region & eventually establishments are running into losses. So when we talk of trade we mean an understanding between parties to make transactions which are mutual beneficial to both of them. Hence if we simplify it further both agrees to do business with certain attached terms & condition which they executed either in the form of oral or written contract.

Now a days a new clause is being attached with contract which is known a Force Majeure where most lawyers drafts its same monotonous words except few who intelligently writes this clause is such a manner that it makes exclusive to take benefit during adverse situation. This clause mainly explains under what conditions a non performance of contract won’t attract legal remedies as available under breach or frustration of contract.

Hence lawyers & parties involved in the contract both must be cautious about drafting of this clause Force Majeure which none cared previously, because a good drafting of this clause will attract benefit to the aggrieved or else the other way round.

P.S : Above information is just a brief explanation of Force Majeure, more details will follow soon.

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