Reconceptualising Frustration and Force Majeure under tenancy in India post COVID-19: Lessons from Civil Law Jurisdictions (Part 1)
The COVID-19 pandemic and has reduced the ability of the leaseholders to utilise the leased property in an effective and profitable manner. However, the Indian courts have failed to grant any relief due to the archaic nature of doctrines of frustration, force majeure under the Transfer of Property Act, 1882 (‘TPA’). In this blog series the author critiques the nature and the inflexible approach of these doctrines under the TPA. The first post in this series discusses the current framework for the relaxation of rent in cases where there is no force majeure clause in the contract and Section 108(B)(e) of the TPA is attracted. Continue reading Reconceptualising Frustration and Force Majeure under tenancy in India post COVID-19: Lessons from Civil Law Jurisdictions (Part 1)
