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Force Majeure Clause For Rental Agreement

However, in practical life, most force majeure clauses do not excuse the total non-compliance of a party; suspend them only for the period of force majeure. In India, force majeure is controlled in every situation given by the law governing the Contract Act of 1872, not by the general notions of force majeure. It is generally used in temporary contracts to limit the protection shield of this clause when a party does not take steps to prevent or limit external effects when they become likely or when they occur. Therefore, the language of the clause determines whether a party is exempt from the performance of its obligations. If the agreement expressly contains a force majeure clause, the tenant, if he has been overturned by the relief of liability, must not only declare that the case of force majeure was beyond his control, but also prove that the event itself is the cause of which the tenant has not assumed his responsibilities. The Court also considered contracts that do not contain a force majeure clause and the tenant asked to be frustrated by the inability to execute the contract. In this context, the court referred to a decision of the Supreme Court of Raja Dhruv Dev Chand v. Raja Harmohinder Singh-Anr, where the Supreme Court ruled that Section 56 of the Contracts Act applies only to performance contracts and unsigned promotions or transfers. The Court therefore held that section 56 of the Contracts Act could not be relied upon to request a waiver, suspension or exemption from rent payment. It refers to a common clause in the legal treaties to eliminate liability for natural and unavoidable circumstances such as war, strikes, riots, epidemic or an event better known as the “Act of God”, which interrupts the expected course of events and prevents participants from fulfilling their obligations. Section 56 states that “agreement on an act that is itself impossible is undyed.” Contact with an act that subsequently becomes impossible or illegal because of an event that the promisor could not prevent becomes invalid if the act itself becomes impossible or illegal.