To Mahatma Gandhi Sahakra Sakkare Karkhane vs National Heavy Engg. Coop. LTD. and Ors.it was guided by the fact that “if the term of the contract is extended due to force majeure or if the seller fails to fulfil its obligations under the contract or for other reasons, the sellers shall extend these warranties until the corresponding extended period and the failure of the sellers to do so constitutes an infringement and, in no case shall the extension of the duration of the contract be interpreted as a waiver of the buyer`s right to enforce the warranty. Over time, the world is becoming aware of natural threats we knew nothing about until now, such as solar flares, asteroids, pandemics and supervulions. We are also developing new human threats, such as cybersecurity, nuclear and biological warfare. They raised questions about what is “foreseeable” in the legal sense of the term and what is not. However, the same must be communicated by the party and cannot be invoked a posteriori. (e) storms, earthquakes or other natural disasters of overwhelming magnitude; pollution of water sources as a result of an aircraft accident in ; When it comes to new contracts, you may not be able to rely on a force majeure clause to apologize for non-performance, given that the contract would be concluded at a time when the potential risks of COVID-19 are known. It is therefore appropriate to consider other provisions of the Treaty in order to take into account the impact of COVID-19 on the performance of the contract.
The author considered that the cases provide many examples of the principle that a force majeure clause is not normally interpreted in such a way that it is applicable where the contract provides for another type of performance. It is clear that a more painful method of performance would not be a frustrating event in itself. The same scholarly author also notes that a simple increase in prices, which makes the contract more expensive, is not a frustration. During the current period of prohibition, the High Court of Bombay or the High Court of Delhi have, as a result of judgments concerning the invocation of the force majeure clause – 8 The parties may have, intentionally or accidentally, modified the conditions of the defence against a case of force majeure, for example. B as regards events likely to constitute force majeure or the requirement of foreseeability in subsection (a) (ii). . . . .
（转载本站文章请注明作者和出处 酷 壳 – CoolShell ，请勿用于任何商业用途）