Calculus of Force Majeure in Corona Lockdown

Abstract

Force Majeure is not a new concept in Law. Vis major is a concept of contractual relations prevalent in Roman Laws since time immemorial whereas the force majeure is equivalent concept in French Laws imported from the Roman Laws per se in Continental Law system alien to Common Law legal System which uses the term of frustration of contract. Like any other Commonwealth Countries inter alia USA, India also adapted the Legal System of Common Laws of England which use the term doctrine of frustration. However. the advent of Covid-19 gave rise to multiploidization of litigation and legal consultancy across the Globe as to whether the breach of contract or non-performance of respective obligations triggered by lockdown due to pandemic Covid-19 would amount to ‘force majeure. Courts of Law are divergent. How Covid 19 pandemic is unprecedented to constitute Force Majeure and strikes at root of the contract as whole ? This Paper attempts to do a Legal evaluation of force Majeure clause in view of unprecedented and un-paralleled swingeing loss sustained to the life & business of the people subsequent shuttering down borders, grounded flights and sledgehammered a complete compulsory penal lockdown of all activities of its citizen inter alia arresting all activities of business establishments, industries and service sectors across by many Countries. In this backdrop it also examines Whether an Amendment in Indian Contract Act,1872 is needed to address the concept of Force Majeure in the emerging circumstances of Covid-19 ?