Anthology
The Research:(ISSN:
2456–4397 RNI No.UPBIL/2016/68067 VOL- V * ISSUE- V * August - 2020 )
Paper Submission: 15/08/2020, Date of Acceptance: 27/08/2020, Date of Publication: 28/08/2020
Swati Bijawat
Assistant Professor
Dept. of Sociology,
Amity University,
Noida, Uttar Pradesh, India
Aviral Jain
Law Graduate,
Amity Law School,
Amity University,
Noida,
Uttar Pradesh, India
Abstract
This global pandemic has caused a downfall in theworld of
commercial businesses resulting a problem in the cross-border trade
practices with between different companies and/or countries. All the
ongoing deals or contracts have been affected due to this global
pandemic, which is causing a brutal impact on the efficient working of the
businesses. The paper aims to find out about the types of contracts
which may or may not be eligible to opt for the Force Majeure clause for
the frustration of the contract of the business affected by the Covid‟19
pandemics affecting the lively hood of migrant workers.
Usually the Force Majeure clause in the frustration of the
contract means that a kind of contractual provision allocating the risk if
performance becomes impossible or impracticable as a result of an event
or affect that the parties could not have anticipated or controlled. The
novel coronavirus by its nature and effect on the economy is to be
considered under the Force Majeure clause.
From a legal perspective, the question of the effects of the
spread inter alia circles around how epidemic-related disruptions of
production and supply chains shall be handled appropriately. So-called
“Force Majeure-clauses”, often being embedded in respective
agreements, are of relevance in this context. This research paper will
have a thorough analysis of the legal framework being applicable in the
respective specific case. We are also aiming to discuss a few steps that
could be taken by the parties to safeguard their positions in view of the
evolving situations and safeguarding the livelihood of workers migrating
from the various society in search of a life.
for full paper
please visit below link :
http://www.socialresearchfoundation.com/upoadreserchpapers/7/378/2009220817261st%20swati%20bijawat.pdf
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