Armed with the verdict, the university filed a lawsuit asking A. Kalanithi, its former vice-chancellor, who had filed an affidavit declaring himself an authorized signatory of the ISTE, to remove his property from the premises. He had occupied it illegally, according to the university`s complaint. Land owned by Anna University is now at the centre of a legal dispute – covers one hectare, opposite the Kotturpuram Gate and next to the university`s residential areas, and is expected to be used for the university`s professional development activities. With respect to the use of remedies under the force majeure clause, it should be noted that this is a question of fact that must be proven in all cases in order to successfully invoke it in court. It is therefore important to consider some of the crucial issues from the outset when a company/individual is considering legal options based on force majeure, both as a strategy and as an end goal. The logical question that needs to be asked is whether „force majeure,” a panacea for contracts, has gone crazy because of COVID-19 or whatever? Let us examine some of the judgments to analyze how our courts have considered this clause to be the responsibility of contracting parties in the past. In legal language, unforeseen, unimaginable and unforeseen challenges are fulfilled under the force majeure clause in contracts. In some cases, it may be implicit if it is not expressed. This default clause is rarely called, but it is always present. It is a recognized principle of law that exempts a party from the performance of its contractual obligations or the termination of the performance of its obligations if certain circumstances beyond its control occur, thus rendering performance discouraged, economically impracticable, illegal or impossible. These circumstances are usually an event or effect that the parties could not foresee or control. Therefore, the standard definition of force majeure includes natural disasters, war, or sudden changes in government policy.
In recent decades, it has included terms such as terrorism and nuclear radioactivity whenever relevant. After the lockdown, force majeure disputes are likely to flood Indian courts. Some of these parties may be really affected by the current situation, while for others it could be tactical litigation as a way out of bad contracts. Force majeure has therefore naturally become one of the most sought-after legal terms at a time when COVID-19 is exacerbating its impact on the business world and uncertainty about the performance of the parties` contractual obligations under various agreements is high. The case is due to go to trial on February 16, sources said. For its part, the ISTE also questioned the occupants` right to the premises and called on the university to respect the memorandum of understanding signed in 1992. Only after careful consideration of the contract and the expected result should a call be made to invoke the force majeure clause and contact the other party. It should be recalled that the courts impose the burden of proof of its existence on the party invoking the defence of force majeure and that these clauses are interpreted strictly by the courts. Since COVID-19 is disrupting businesses, it would be unwise to conclude that force majeure can provide general relief for all contracts and in all situations. As the vice-chancellors only stayed in power for three years, the resolution was not implemented. But nothing has happened since the signing of the memorandum of understanding, and in 1995 the university`s 157th union decided to take possession of the land.
Force majeure is a French expression meaning „force majeure”. This principle is also recognized and accepted by Indian courts. Sections 32 and 56 of the Indian Treaty Act, 1872 are relevant to understanding the extent of force majeure alongside the jurisprudence that has developed on them. Some statutes refer directly to circumstances of force majeure. Take the example of the Real Estate (Regulation and Development) Act 2016 (RERA), which provides for an extension of the registration of projects in a situation of force majeure even without payment of the fee.