Principle of Force Majeure - An Assessment of Commercial Contracts in India in Context of COVID-19

For a while now, the world has been facing the catastrophic Covid-19 pandemic which not only impacted human lives but also adversely affected trade and commerce across the globe. The restrictive movements and government mandated lockdowns abruptly halted business operations of many sectors and put strain on economies of various nations in the world. Resultantly, the business entities struggled to fulfil their contractual obligations and look for a way out. As the commercial turmoil continues, global focus shifted on concept of force majeure to ascertain liabilities of the affected parties as regards their contractual obligations. Although it was previously considered a superfluous inclusion in the commercial contracts, the force majeure has gained popularity in a short span. This research paper gives broad insight into the concept of force majeure, analyse its legal framework in India and outline significance of doctrine of frustration.