Force Majeure

Force Majeure

WHO already has declared COVID-19 as global pandemic and by now more than 200 countries have been affected by this virus. Previously Government has imposed countrywide lockdown under certain conditions. Although Force_Majeure (French for "superior force") is not a statutory provision, Lessees who couldn't continue their business (shops) during the lock down period may seek relief under 'Doctrine of Frustration' as per Section 56 of the Contract Act , 1872 and may decline to pay monthly rental for the said period. 

However, such a claim may create a nation-wide chaotic situation and need to be resolved by mutual discussion between the Lessor and the Lessee. The Government may also play an effective role by declaring the period as Force Majeure Event to avoid numerous disputes under commercial contracts.

Note: This is not a legal opinion or advice and is only a personal opinion on the issue solely for academic purposes.