Last month, the Bombay High Court dismissed a plea by Standard Retail, which invoked the Force Majeure clause against GS Global, a South Korea-based steel trading company from which it bought steel. The petitioner, a Mumbai-based steel importer, invoked the clause claiming inability to pay GS Global, saying it could not sell the steel due to the lockdown, and asked the court to restrain Wells Fargo Bank from encashing letters of credit. The court, however, held that the relevant clause in the contract was applicable only to the supplier of steel (GS Global) and not the petitioner.
Businesses have been finding it tough to fulfill contractual obligations since the coronavirus outbreak. While in normal circumstances, this would have led to penalties, litigations or termination of contracts, given the enormity of the current pandemic, companies can invoke the Force Majeure clause to defer or forego certain obligations. Force Majeure is a French term which means “Act of God”. The clause, a part of commercial contracts, lists events – natural calamity, disaster, war or epidemic – that may exempt a party to a contract from fulfilling certain obligations. These may include supply of goods or services, purchase of goods or services, lending or payment for goods and services.
Esta historia es de la edición May 31, 2020 de Business Today.
Comience su prueba gratuita de Magzter GOLD de 7 días para acceder a miles de historias premium seleccionadas y a más de 8500 revistas y periódicos.
Ya eres suscriptor ? Conectar
Esta historia es de la edición May 31, 2020 de Business Today.
Comience su prueba gratuita de Magzter GOLD de 7 días para acceder a miles de historias premium seleccionadas y a más de 8500 revistas y periódicos.
Ya eres suscriptor? Conectar
Haute Couture in the Kitchen
FASHION BRANDS ARE ENTERING THE RESTAURANT SPACE, AS FOOD SEEMS TO HAVE BECOME THE ULTIMATE FASHION STATEMENT
It's Personal
Mixing work and personal tasks on work machines may be a done thing for many, but it makes sense to have a dedicated device for your personal needs. Here are two such devices
INTO THE BLUE
For WTiCabs Founder and CEO Ashok Vashist, scuba diving is not just an adventure sport. It is a pathway to connect with the ocean
"Challenges are opportunities"
AMIT JAIN CO-FOUNDER & CEO CARDEKHO GROUP CarDekho Group is a digital automotive solutions provider
THE WAIT FOR HIGHER PENSION
ALMOST 18 MONTHS AFTER THE SUPREME COURT RULING, SUBSCRIBERS WHO OPTED FOR A HIGHER PENSION UNDER THE EMPLOYEES' PENSION SCHEME CONTINUE TO WAIT AS THE EPFO, FACING A STAFF CRUNCH, TRIES TO FIGURE OUT THE MATH
"It's possible to have a 25% growth out of India from now on"
Rail Europe Executive Chairman & CEO Björn Bender talks about the India market, the shift to digital, and the way ahead
Evolving Strategies
Companies need to adapt to changing times for a strong workforce
PERKS PRESSURE
IT'S NOT JUST ABOUT THE MONEY ANYMORE FOR EMPLOYEES. FROM FOUR-DAY WORK WEEKS, TO SKILLING ON THE JOB AND MENTAL WELL-BEING EXERCISES, COMPANIES ARE OFFERING A HOST OF BENEFITS TO RETAIN TOP TALENT. IS THIS ENOUGH?
FOSTERING PLURALISM
Axis Bank, with its initiatives and policies, is striving to make a holistic difference to people's careers and hone their skills too
In Keeping With The Times
With a slew of initiatives for its employees, Abbott India is working hard to build a diverse and inclusive workforce