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Can a contract be put on hold or terminated due to lockdown?


24-Apr-2023 (In Labour & Service Law)
Can a party to a contract cancel or put the contract on hold due to the lockdown imposed to prevent Coronavirus spread?
Answers (2)

Answer #1
217 votes

While the coronavirus has taken its toll on the people, the businesses are put through various challenges as well. One such challenge is performing contractual obligations during lockdown imposed to prevent COVID-19 spread. Parties to a contract may seek to delay or avoid their responsibilities under the contract, either because the lockdown has legitimately prevented them from performing their contractual obligations, or because they are seeking to use it as an excuse to free themselves from an unfavorable deal. However, whether the contract can be put on hold or terminated would depend upon the terms of the contract.

Some of the contracts contain provisions stating that it can be put on hold until the force majeure event is resolved. Moreover, some contracts also provide for limitations in time after which either party may cancel the agreement with written notice to the other. However, if a contract does not contain provisions especially stating any of these situations, the contract will remain in effect until the force majeure event is resolved.

Answer #2
644 votes
It will depend on the nature and provisions of the contract. The Ministry of Finance has notified some contracts to be falling under the purview of Force Majeure event. Thus, the question to your answer would depend on the nature and purpose of the Contract. You can contact me for further assistance.

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