As businesses across countries struggle to mitigate the economic after-effects of the pandemic-induced lockdowns, not much-used force majeure (FM) clause in contracts is being widely relied upon for relief. In India, the legal fraternity has already been flooded with queries regarding the use — and abuse — of the clause. “Since the past few weeks, clients have gotten a sense of how their customers and vendors are reacting. They know courts will be overburdened once the lockdown is over and they do not want to be stuck in long-drawn litigation,” says Dhruv Suri, partner, PSA Legal.
The law on FM and