Reconceptualising Frustration and Force Majeure under tenancy in India post COVID-19: Lessons from Civil Law Jurisdictions (Part 2)

The COVID-19 pandemic 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 second post does a comparative analysis of the civil law jurisdictions and suggests the incorporation of a similar approach in order to better balance the interests of the lessor and the lessee in such circumstances. Continue reading Reconceptualising Frustration and Force Majeure under tenancy in India post COVID-19: Lessons from Civil Law Jurisdictions (Part 2)

Reconceptualising Frustration and Force Majeure under tenancy in India post COVID-19: Lessons from Civil Law Jurisdictions (Part 1)

The COVID-19 pandemic 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)

Coronavirus: Answering the Legal Dilemma

In this post, the authors analyse whether the current pandemic situation qualifies as a force majeure event through various judgments and how it could lead to the frustration of contracts. They also write about what approach the courts should opt while hearing cases of breach of contract and suggests certain measures the government could take to provide relief Continue reading Coronavirus: Answering the Legal Dilemma