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Anonymous
in Contracts Law
Asked April 26, 2021

Contractual obligations during Covid Pandemic

  • 1 Answer
  • 59 Views

Can I delay obligations on a contract during covid?

Answer 1

 

Yes, but only if the obligations mentioned in the contract are beyond your control, i.e., if there is a certain element in your contract which cannot be completed due to the current pandemic. But you need to review the terms of your agreement to check whether your contract has “force majeure” provision which, falls under Section 56 of the Indian Contract Act, 1872. Force Majeure clause will be included in the contract to relieve either you or your employer (parties to the contract) from the liability to perform the contract if the performance is prevented by any event or circumstance beyond your control. A global pandemic (COVID-19) could fulfil this criterion, but you need to ensure that the clause is included in your contract in order for you to delay obligations.  Even if the contract does not contain the Force Majeure clause, you can use other grounds under the Contract Act such as, impossibility of performance, frustration of purpose, impracticability, etc. (Section 56). 

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