If the treaty provides for a case of force majeure, it must be interpreted strictly and restrictively. Even the court cannot rewrite or read this clause, which is not expressly stipulated. Nothing can be added or removed. What if your lease does not explicitly state that “epidemics and/or pandemics” are force majeure events? You can still be lucky if your lease provides that unexpected government measures are considered a force majeure event. As a result, the quarantine or limitation of a given activity, similar to that introduced at the beginning of the COVID-19 pandemic, could be considered a force majeure event prohibiting the tenant or lessor from fulfilling its contractual obligations. If your contract contains a force majeure clause, read it carefully. Under certain force majeure clauses, the contract ends when a force majeure event occurs. Basically, this means you don`t have to get paid (or pay the other party). This article explains what a force majeure clause is and under what circumstances a force majeure clause can be invoked in a commercial lease due to the pandemic. Therefore, in order to avoid abrupt termination of the lease, it is desirable that, upon the arrival of such unforeseeable circumstances, the parties shall consider by mutual agreement the possibilities of resorting to induction, cancellation or modification of the contract, as provided for in section 62 of the Indian Contracts Act.
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