Presently, most LSPs have looked at establishing their facilities by leasing / renting warehouses typically located in the outskirts / designated economic zones / industrial parks located in every state of the country.
These cases, probably the first amongst a flurry that are yet to come, establish beyond doubt that force majeure is not a blanket concept to be applied uniformly to the situation arising out of Covid–19 and each case will have to be appreciated on its specific facts.
In light of the current global lock-down of unprecedented scale necessitated due to Covid-19, parties have had to revisit their contracts. The clause that has seldom seen such attention is the "force majeure" clause, hiding as a boiler plate provision. Recent publications have widely covered the legal implication and intricacies of how these clauses work.The... Continue Reading →
REPRESENTATIONS Traditionally representation and warranties are referred to as a single grouped concept wherein most tend to view them as synonymous terms. However, the two terms are separate and distinct from each other having different characteristics and hence different remedies under law. Understanding the differences between them and using them appropriately is essential to ensure... Continue Reading →
Non-Solicit and Non-Compete Agreements are no longer uncommon. In order to protect their interests, employers enter into such agreements with their employees at the time of commencing the employee-employer relationship. This period is such that, the employer is in a position of advantage, and the employees, usually blinded by the light of prospective employment... Continue Reading →
In today’s time, website usage has increased due to fast and quick access to the information, knowledge, product, etc. Such flexible and approachable way of working has attracted ample of customers and websites have become an effective source of communication, which in turn have introduced non-traditional methods of contracting. Such e – contracts are termed... Continue Reading →
In light of Union Government’s ‘Make in India’ initiative, and to propel the ease of doing business in India, the Ministry of Law and Justice constituted an expert committee, around the end of January, 2016, to review and suggest amendments to the Specific Relief Act, 1963 (“Act”). The Expert Committee, headed by Mr. Anand... Continue Reading →
Employers undertake various approaches to secure themselves from any harm caused by the acts of their employees. Requiring an employee to execute an indemnity bond, inclusion of negative covenants in the employment agreement and confidentiality clauses is some of the practices generally adopted by employers as measures to protect from employee attrition. Whereas confidentiality clauses... Continue Reading →
Along with traditional agreements the Indian Contract Act, 1872 has also accorded recognition to oral contracts provided they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not expressly declared to be void. Thus, nothing in the Indian Contract Act prohibits the enforceability of electronic agreements if such agreements possess all the essentials of a valid contract.