Force Majeure

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..... propriate orders under the Disaster Management Act, 2005 etc. First, in the context of a legislative function, the writ Court sitting in judicial review may not look to test the subjective satisfaction of the legislative body or its delegate to see if the law made had the exact/measurable fact justification, for its enactment. The legislative wisdom must remain insulated from that judicial query. .....

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..... e . Judges have agreed that strikes, breakdown of machinery, which, though normally not included in vis major are included in force majeure . An analysis of rulings on the subject into which it is not necessary in this case to go, shows that where reference is made to force majeure , the intention is to save the performing party from the consequences of anything over which he has no control. This .....

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..... 2 and 56 of the Indian Contract Act, 187219 govern the law on force majeure. When the contract contains an express or implied force majeure clause, it is governed under Chapter III of the Contract Act, specifically Section 32. In such cases, the doctrine of frustration in Section 56 does not apply and the court must interpret the force majeure clause contained in the contract20. It held that a for .....

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