{"id":27079,"date":"2026-06-11T12:00:00","date_gmt":"2026-06-11T12:00:00","guid":{"rendered":"https:\/\/legistify.com\/learn\/?p=27079"},"modified":"2026-06-08T09:42:00","modified_gmt":"2026-06-08T09:42:00","slug":"force-majeure","status":"publish","type":"post","link":"https:\/\/legistify.com\/learn\/force-majeure\/","title":{"rendered":"Force Majeure: Definition, Examples, and Legal Implications Under Indian Law"},"content":{"rendered":"\n<p class=\"wp-block-paragraph\">Force majeure is a contractual provision that excuses one or both parties from performing their contractual obligations when an extraordinary event beyond their control prevents or impedes performance. The term comes from French, meaning &#8220;superior force&#8221;, and refers to events that are so unusual and unforeseeable that they fall outside the normal risks that contracting parties are expected to bear.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Under Indian law, force majeure clauses are interpreted strictly. An event that the parties did not specifically list or clearly contemplate in their contract generally does not qualify as force majeure, even if it would intuitively seem to be a force majeure event. This strict interpretation means that the drafting of force majeure clauses is critically important. A poorly drafted clause provides significantly less protection than a well-drafted one when the clause is actually needed.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>Statutory Framework: Force Majeure Under the Indian Contract Act<\/strong><\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">Indian law does not have a standalone force majeure statute. The relevant statutory provisions are Section 32 and Section 56 of the Indian Contract Act, 1872.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Section 32<\/strong> deals with contingent contracts: contracts to do or not to do something if an uncertain future event happens. Where performance is contingent on an event that becomes impossible, the contract becomes void. This provision underpins force majeure in Indian law to some extent, but it applies to contracts where performance is conditional on an event occurring, not to contracts where performance has begun and is interrupted by an event.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Section 56<\/strong> is the doctrine of frustration: where an act that is contracted to be done becomes impossible, or by reason of some event which the promisor could not prevent, unlawful, the contract becomes void. The doctrine of frustration discharges both parties from all remaining obligations when a supervening event makes performance impossible or fundamentally different from what was agreed.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">There is an important distinction between contractual force majeure clauses and the statutory doctrine of frustration. A contractual force majeure clause is a negotiated provision that the parties have specifically included to govern what happens in defined extraordinary circumstances. The doctrine of frustration applies to contracts that do not have a force majeure clause, or to circumstances not covered by the clause, and is a common law doctrine that completely discharges the contract. Force majeure clauses typically suspend obligations rather than discharge them, and often include notice requirements and mitigation obligations.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>What Qualifies as Force Majeure Under Indian Law<\/strong><\/h2>\n\n\n\n<h3 class=\"wp-block-heading\"><strong>The strict interpretation principle<\/strong><\/h3>\n\n\n\n<p class=\"wp-block-paragraph\">Indian courts interpret force majeure clauses strictly. Events must specifically fall within the language of the clause or be clearly within its scope to qualify. In Energy Watchdog v. Central Electricity Regulatory Commission (2017), the Supreme Court of India held that a force majeure event must be one that makes performance impossible, not merely more difficult or more expensive. Price increases, regulatory changes that make performance more costly, and supply chain difficulties that make performance harder but not impossible generally do not qualify as force majeure under the Indian strict interpretation standard.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">This has a direct practical implication: the events listed in the force majeure clause need to be specific enough to cover the events the parties are concerned about, and broad enough to capture genuinely unprecedented events without relying on vague catch-all language that courts may not interpret generously.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\"><strong>Commonly recognised force majeure events<\/strong><\/h3>\n\n\n\n<p class=\"wp-block-paragraph\">Force majeure clauses in Indian commercial contracts typically cover some or all of the following categories:<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Natural disasters.<\/strong> Earthquakes, floods, cyclones, tsunamis, and severe weather events that physically prevent performance. For supply chain and logistics contracts, natural disasters in the geographic area where goods are produced, stored, or transported are specifically relevant.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Acts of God.<\/strong> A broader category that encompasses natural events beyond human control, often used as a catch-all alongside specific natural disaster listings.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>War, civil war, and hostilities.<\/strong> Including armed conflict, invasion, and civil disturbance that make performance in the affected area impossible or dangerous.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Government actions and regulatory changes.<\/strong> Including government-imposed restrictions, embargoes, sanctions, and statutory changes that make performance illegal or impossible. Government actions that merely make performance more expensive generally do not qualify.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Strikes and labour disputes.<\/strong> Industrial action at the supplier&#8217;s facilities or at ports and logistics infrastructure. Some force majeure clauses exclude strikes internal to the claiming party&#8217;s own workforce, since these may be within the party&#8217;s control.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Pandemic and epidemic.<\/strong> Following the COVID-19 experience, pandemic and epidemic are now almost universally included in force majeure definitions in commercial contracts. The COVID-19 litigation in India produced mixed results because many existing contracts did not specifically include pandemic as a force majeure event, and courts differed in their treatment of COVID-19 restrictions under pre-existing clauses.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Cyberattacks and system failures.<\/strong> Increasingly included in force majeure clauses as digital infrastructure becomes central to performance. Sophisticated state-sponsored cyberattacks, ransomware affecting operational systems, and denial-of-service attacks that prevent system-dependent performance are being added to force majeure definitions.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Regulatory changes that create legal impossibility.<\/strong> Where a new law or regulation makes the contracted performance unlawful, this typically qualifies as force majeure. Regulatory changes that make performance more expensive or require operational modifications generally do not qualify.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\"><strong>Events that generally do not qualify<\/strong><\/h3>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Price increases and market changes.<\/strong> The Supreme Court in Energy Watchdog confirmed that commercial hardship, price increases for inputs, and changed market conditions do not constitute force majeure. Parties bear the commercial risk of the transactions they enter into.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Supply chain disruptions that are not caused by force majeure events.<\/strong> Where a supplier cannot deliver because they chose other customers, or because of poor planning, this is a breach rather than force majeure.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Inability to obtain financing.<\/strong> Financial difficulty, even severe financial difficulty, does not typically qualify as force majeure. Parties assume the financial risk of their obligations.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Strikes caused by the claiming party&#8217;s own conduct.<\/strong> Where a party&#8217;s management decisions cause an industrial dispute, the resulting strike may not be a force majeure event on the basis that the party contributed to the circumstances.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Events that were foreseeable at the time of contracting.<\/strong> Force majeure is generally available only for events that were not foreseeable at the time the contract was entered into. A contract entered into after a significant flood in a specific region, for example, may not be able to rely on flooding in that region as force majeure because the risk was foreseeable at contract formation.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>The COVID-19 Precedent in India<\/strong><\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">The COVID-19 pandemic generated a significant body of force majeure case law in India that shapes how courts approach force majeure in extraordinary circumstances.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Courts in India were not uniform in their treatment of COVID-19 force majeure claims. Key judicial decisions include:<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>M\/s Halliburton Offshore Services Inc. v. Vedanta Limited (2020):<\/strong> The Delhi High Court held that the COVID-19 pandemic and the subsequent lockdown constituted force majeure. The Court took a practical approach and allowed the contractor to invoke force majeure for the period during which the lockdown made performance impossible.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Standard Retail Pvt. Ltd. v. M\/s GS Global Corp (2020):<\/strong> The Bombay High Court rejected a force majeure claim by an importer of steel, holding that the COVID-19 lockdown did not prevent the performance of a contract to import goods and open a letter of credit. The Court distinguished between contracts where performance was genuinely impossible and those where it was merely inconvenient or commercially disadvantageous.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The divergence in judicial approaches to COVID-19 force majeure claims underscores the importance of specific, well-drafted force majeure clauses. Clauses that specifically listed pandemic, epidemic, or government-imposed restrictions as force majeure events fared better than those relying on general catch-all language or force majeure clauses that required complete impossibility.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>Notice Requirements and Procedural Obligations<\/strong><\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">Most commercial force majeure clauses include procedural requirements that must be satisfied for the clause to be effective. These requirements are enforceable: a party that fails to comply with the notice requirements in the force majeure clause may lose the right to rely on the clause.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Prompt notice.<\/strong> The party claiming force majeure typically must notify the other party within a defined period of the force majeure event occurring. Standard notice periods range from a few days to 30 days. The notice must identify the force majeure event, describe its impact on performance, and estimate the likely duration.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Ongoing notification.<\/strong> Many clauses require the claiming party to provide updates at defined intervals while the force majeure event continues, and to notify the other party promptly when the event ends.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Mitigation obligation.<\/strong> The claiming party is almost always required to use reasonable efforts to mitigate the impact of the force majeure event and to resume performance as soon as possible. A party that makes no effort to find alternative suppliers, routes, or means of performance when alternatives are available may not be able to rely on force majeure.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Documentation requirements.<\/strong> Some clauses require the claiming party to provide evidence that the force majeure event has in fact prevented performance. Government orders, official declarations of natural disaster, independent certificates from industry bodies, and similar documentation may be required.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Failure to meet any of these procedural requirements can result in the force majeure clause being unavailable, even where the underlying event would otherwise qualify.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>Effect of Force Majeure: Suspension vs Termination<\/strong><\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">The effect of a force majeure event on contractual obligations depends on the specific clause language and on how long the event continues.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Suspension of obligations.<\/strong> In most commercial contracts, a force majeure event suspends the affected party&#8217;s performance obligations for the duration of the event. The contract remains in force, timelines are extended, and both parties&#8217; obligations resume when the event ends.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Extension of time.<\/strong> In construction and project contracts, force majeure typically entitles the affected party to an extension of time for performance, reflecting the period during which performance was prevented or delayed.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Termination right.<\/strong> Where a force majeure event continues beyond a defined long-stop period, either or both parties typically have the right to terminate the contract. The long-stop period in most commercial contracts ranges from 30 days to 6 months, depending on the nature of the contract and the risk tolerance of the parties.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>No compensation for force majeure.<\/strong> Unless the contract specifically provides otherwise, force majeure clauses do not entitle the claiming party to additional compensation. The clause excuses performance; it does not create a right to recover losses caused by the force majeure event from the other party.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>Drafting Principles for Force Majeure Clauses in Indian Contracts<\/strong><\/h2>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>List specific events rather than relying on general language.<\/strong> Given Indian courts&#8217; strict interpretation, the events listed in the clause define what is covered. Include pandemic, epidemic, government-imposed restrictions, and cyberattacks alongside the traditional categories of natural disaster, war, and strike.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Define &#8220;prevention&#8221; rather than relying on &#8220;impossibility&#8221;.<\/strong> A clause that requires complete impossibility of performance may be unavailable where performance is severely impaired but technically possible. Drafting the clause to cover events that &#8220;prevent, hinder, or delay&#8221; performance provides broader protection than requiring impossibility.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Include clear notice obligations.<\/strong> Specify the notice period, the required content of the notice, and the means of giving notice. Courts will enforce these procedural requirements.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Address mitigation obligations clearly.<\/strong> Define what level of effort is required to mitigate the impact of the force majeure event and to resume performance. &#8220;Reasonable efforts&#8221; is the standard in most commercial contexts, but specific mitigation obligations can be defined where appropriate.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Include a long-stop termination right.<\/strong> Specify the period after which either party can terminate if the force majeure event has not ended. This prevents an indefinite suspension of performance that leaves both parties in limbo.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Consider whether the clause should be mutual.<\/strong> Some force majeure clauses apply only to the obligations of the performing party. Mutual force majeure clauses excuse both parties&#8217; performance obligations in defined circumstances.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Consider the interplay with liquidated damages.<\/strong> Where the contract includes liquidated damages for delay or non-performance, the force majeure clause should address whether a force majeure event suspends the accrual of liquidated damages during the affected period.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>Force Majeure in Specific Contract Types<\/strong><\/h2>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Construction and infrastructure contracts.<\/strong> Indian government contracts and standard form construction contracts typically include detailed force majeure provisions that differ from commercial contract norms. The FIDIC suite of contracts, widely used in Indian infrastructure projects, has specific force majeure mechanisms including a separate &#8220;exceptional events&#8221; category. Engineering, procurement, and construction contracts typically include detailed force majeure regimes that address multiple contractors in the same project.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Commodity and supply agreements.<\/strong> Supply chain disruptions are among the most common triggers for force majeure disputes in commodity contracts. The clause needs to cover disruptions at the producer, in transit, and at the destination, as well as government export restrictions and import prohibitions.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Technology services contracts.<\/strong> Cyberattacks, data centre failures, and critical system outages are specific force majeure considerations in technology services agreements. The clause should address what constitutes a force majeure event for technology infrastructure and how service level obligations are affected during a force majeure period.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Employment contracts.<\/strong> Force majeure is less commonly invoked in the employment context, but the COVID-19 experience demonstrated that government-mandated closures can affect employment obligations. The intersection of force majeure and labour law in India requires careful analysis in any context where employment obligations are affected by extraordinary events.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>Conclusion<\/strong><\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">Force majeure clauses are a standard feature of Indian commercial contracts, but their effectiveness depends entirely on how they are drafted and what procedural requirements are followed when a force majeure event occurs. Indian courts&#8217; strict interpretation means that vague or general force majeure language may not protect a party when it is most needed.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The post-pandemic period has made force majeure drafting more sophisticated. Specific inclusion of pandemic, epidemic, government-imposed restrictions, and cyberattacks, alongside clear notice requirements, mitigation obligations, and long-stop termination rights, is now standard practice in well-drafted Indian commercial contracts.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>Frequently Asked Questions<\/strong><\/h2>\n\n\n<div id=\"rank-math-faq\" class=\"rank-math-block\">\n<div class=\"rank-math-list \">\n<div id=\"faq-question-1780911227771\" class=\"rank-math-list-item\">\n<h4 class=\"rank-math-question \"><strong>What is force majeure?<\/strong><\/h4>\n<div class=\"rank-math-answer \">\n\n<p>Force majeure is a contractual provision that excuses one or both parties from performing their contractual obligations when an extraordinary event beyond their control prevents or impedes performance. The term means &#8220;superior force&#8221; and refers to events so unusual and unforeseeable that they fall outside the normal commercial risks that contracting parties are expected to bear.<\/p>\n\n<\/div>\n<\/div>\n<div id=\"faq-question-1780911239756\" class=\"rank-math-list-item\">\n<h4 class=\"rank-math-question \"><strong>How do Indian courts interpret force majeure clauses?<\/strong><\/h4>\n<div class=\"rank-math-answer \">\n\n<p>Indian courts interpret force majeure clauses strictly. Events must specifically fall within the language of the clause or be clearly within its scope to qualify. The Supreme Court of India has held that force majeure requires genuine impossibility, not merely greater difficulty or expense. Price increases, supply chain disruptions, and commercial hardship generally do not qualify. The events listed in the clause define what is covered, making specific drafting essential.<\/p>\n\n<\/div>\n<\/div>\n<div id=\"faq-question-1780911250223\" class=\"rank-math-list-item\">\n<h4 class=\"rank-math-question \"><strong>What is the difference between force majeure and frustration under the Indian Contract Act?<\/strong><\/h4>\n<div class=\"rank-math-answer \">\n\n<p>Frustration, governed by Section 56 of the Indian Contract Act, is a common law doctrine that applies when performance becomes impossible or fundamentally different from what was agreed by reason of a supervening event. Frustration completely discharges both parties from remaining obligations. A contractual force majeure clause is a negotiated provision that typically suspends obligations rather than discharging them, and operates according to the specific terms the parties agreed to rather than the statutory doctrine.<\/p>\n\n<\/div>\n<\/div>\n<div id=\"faq-question-1780911260122\" class=\"rank-math-list-item\">\n<h4 class=\"rank-math-question \"><strong>What notice obligations apply when invoking force majeure?<\/strong><\/h4>\n<div class=\"rank-math-answer \">\n\n<p>Most commercial force majeure clauses require the claiming party to give notice within a defined period (commonly 7 to 30 days), to describe the force majeure event and its impact on performance, and to provide updates while the event continues. The claiming party is also typically required to mitigate the impact of the event. Failure to comply with notice requirements may prevent reliance on the clause even where the underlying event qualifies.<\/p>\n\n<\/div>\n<\/div>\n<div id=\"faq-question-1780911269905\" class=\"rank-math-list-item\">\n<h4 class=\"rank-math-question \"><strong>Should force majeure clauses include pandemic and cyberattacks?<\/strong><\/h4>\n<div class=\"rank-math-answer \">\n\n<p>Yes. The COVID-19 experience demonstrated that contracts without specific pandemic or epidemic language faced uncertainty about whether force majeure applied, with courts taking inconsistent positions. Post-pandemic, standard practice is to specifically include pandemic, epidemic, and government-imposed restrictions as force majeure events. Cyberattacks, particularly sophisticated state-sponsored attacks and ransomware events that disable operational systems, are increasingly included given the growing importance of digital infrastructure to performance.<\/p>\n\n<\/div>\n<\/div>\n<\/div>\n<\/div>","protected":false},"excerpt":{"rendered":"<p>Force majeure is a contractual provision that excuses one or both parties from performing their contractual obligations when an extraordinary event beyond their control prevents or impedes performance. The term comes from French, meaning &#8220;superior force&#8221;, and refers to events that are so unusual and unforeseeable that they fall outside the normal risks that contracting parties are expected to bear. Under Indian law, force majeure clauses are interpreted strictly. An event that the parties did not specifically list or clearly contemplate in their contract generally does not qualify as force majeure, even if it would intuitively seem to be a force majeure event. This strict interpretation means that the drafting of force majeure clauses is critically important. A poorly drafted clause provides significantly less protection than a well-drafted one when the clause is actually needed. Statutory Framework: Force Majeure Under the Indian Contract Act Indian law does not have a standalone force majeure statute. The relevant statutory provisions are Section 32 and Section 56 of the Indian Contract Act, 1872. Section 32 deals with contingent contracts: contracts to do or not to do something if an uncertain future event happens. Where performance is contingent on an event that becomes impossible, the contract becomes void. This provision underpins force majeure in Indian law to some extent, but it applies to contracts where performance is conditional on an event occurring, not to contracts where performance has begun and is interrupted by an event. Section 56 is the doctrine of frustration: where an act that is contracted to be done becomes impossible, or by reason of some event which the promisor could not prevent, unlawful, the contract becomes void. The doctrine of frustration discharges both parties from all remaining obligations when a supervening event makes performance impossible or fundamentally different from what was agreed. There is an important distinction between contractual force majeure clauses and the statutory doctrine of frustration. A contractual force majeure clause is a negotiated provision that the parties have specifically included to govern what happens in defined extraordinary circumstances. The doctrine of frustration applies to contracts that do not have a force majeure clause, or to circumstances not covered by the clause, and is a common law doctrine that completely discharges the contract. Force majeure clauses typically suspend obligations rather than discharge them, and often include notice requirements and mitigation obligations. What Qualifies as Force Majeure Under Indian Law The strict interpretation principle Indian courts interpret force majeure clauses strictly. Events must specifically fall within the language of the clause or be clearly within its scope to qualify. In Energy Watchdog v. Central Electricity Regulatory Commission (2017), the Supreme Court of India held that a force majeure event must be one that makes performance impossible, not merely more difficult or more expensive. Price increases, regulatory changes that make performance more costly, and supply chain difficulties that make performance harder but not impossible generally do not qualify as force majeure under the Indian strict interpretation standard. This has a direct practical implication: the events listed in the force majeure clause need to be specific enough to cover the events the parties are concerned about, and broad enough to capture genuinely unprecedented events without relying on vague catch-all language that courts may not interpret generously. Commonly recognised force majeure events Force majeure clauses in Indian commercial contracts typically cover some or all of the following categories: Natural disasters. Earthquakes, floods, cyclones, tsunamis, and severe weather events that physically prevent performance. For supply chain and logistics contracts, natural disasters in the geographic area where goods are produced, stored, or transported are specifically relevant. Acts of God. A broader category that encompasses natural events beyond human control, often used as a catch-all alongside specific natural disaster listings. War, civil war, and hostilities. Including armed conflict, invasion, and civil disturbance that make performance in the affected area impossible or dangerous. Government actions and regulatory changes. Including government-imposed restrictions, embargoes, sanctions, and statutory changes that make performance illegal or impossible. Government actions that merely make performance more expensive generally do not qualify. Strikes and labour disputes. Industrial action at the supplier&#8217;s facilities or at ports and logistics infrastructure. Some force majeure clauses exclude strikes internal to the claiming party&#8217;s own workforce, since these may be within the party&#8217;s control. Pandemic and epidemic. Following the COVID-19 experience, pandemic and epidemic are now almost universally included in force majeure definitions in commercial contracts. The COVID-19 litigation in India produced mixed results because many existing contracts did not specifically include pandemic as a force majeure event, and courts differed in their treatment of COVID-19 restrictions under pre-existing clauses. Cyberattacks and system failures. Increasingly included in force majeure clauses as digital infrastructure becomes central to performance. Sophisticated state-sponsored cyberattacks, ransomware affecting operational systems, and denial-of-service attacks that prevent system-dependent performance are being added to force majeure definitions. Regulatory changes that create legal impossibility. Where a new law or regulation makes the contracted performance unlawful, this typically qualifies as force majeure. Regulatory changes that make performance more expensive or require operational modifications generally do not qualify. Events that generally do not qualify Price increases and market changes. The Supreme Court in Energy Watchdog confirmed that commercial hardship, price increases for inputs, and changed market conditions do not constitute force majeure. Parties bear the commercial risk of the transactions they enter into. Supply chain disruptions that are not caused by force majeure events. Where a supplier cannot deliver because they chose other customers, or because of poor planning, this is a breach rather than force majeure. Inability to obtain financing. Financial difficulty, even severe financial difficulty, does not typically qualify as force majeure. Parties assume the financial risk of their obligations. Strikes caused by the claiming party&#8217;s own conduct. Where a party&#8217;s management decisions cause an industrial dispute, the resulting strike may not be a force majeure event on the basis that the party contributed to the circumstances. Events that were foreseeable at the time of contracting. Force majeure is<\/p>\n","protected":false},"author":3,"featured_media":27081,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_uag_custom_page_level_css":"","site-sidebar-layout":"default","site-content-layout":"","ast-site-content-layout":"default","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","theme-transparent-header-meta":"","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"set","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"footnotes":""},"categories":[64],"tags":[],"class_list":["post-27079","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-contract-management"],"uagb_featured_image_src":{"full":["https:\/\/legistify.com\/learn\/wp-content\/uploads\/2026\/06\/Force-Majeure.jpg",1200,628,false],"thumbnail":["https:\/\/legistify.com\/learn\/wp-content\/uploads\/2026\/06\/Force-Majeure-150x150.jpg",150,150,true],"medium":["https:\/\/legistify.com\/learn\/wp-content\/uploads\/2026\/06\/Force-Majeure-300x157.jpg",300,157,true],"medium_large":["https:\/\/legistify.com\/learn\/wp-content\/uploads\/2026\/06\/Force-Majeure-768x402.jpg",768,402,true],"large":["https:\/\/legistify.com\/learn\/wp-content\/uploads\/2026\/06\/Force-Majeure-1024x536.jpg",1024,536,true],"1536x1536":["https:\/\/legistify.com\/learn\/wp-content\/uploads\/2026\/06\/Force-Majeure.jpg",1200,628,false],"2048x2048":["https:\/\/legistify.com\/learn\/wp-content\/uploads\/2026\/06\/Force-Majeure.jpg",1200,628,false]},"uagb_author_info":{"display_name":"Mansi Rana","author_link":"https:\/\/legistify.com\/learn\/author\/mansi-rana\/"},"uagb_comment_info":0,"uagb_excerpt":"Force majeure is a contractual provision that excuses one or both parties from performing their contractual obligations when an extraordinary event beyond their control prevents or impedes performance. The term comes from French, meaning &#8220;superior force&#8221;, and refers to events that are so unusual and unforeseeable that they fall outside the normal risks that contracting&hellip;","_links":{"self":[{"href":"https:\/\/legistify.com\/learn\/wp-json\/wp\/v2\/posts\/27079","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/legistify.com\/learn\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legistify.com\/learn\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legistify.com\/learn\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/legistify.com\/learn\/wp-json\/wp\/v2\/comments?post=27079"}],"version-history":[{"count":1,"href":"https:\/\/legistify.com\/learn\/wp-json\/wp\/v2\/posts\/27079\/revisions"}],"predecessor-version":[{"id":27080,"href":"https:\/\/legistify.com\/learn\/wp-json\/wp\/v2\/posts\/27079\/revisions\/27080"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/legistify.com\/learn\/wp-json\/wp\/v2\/media\/27081"}],"wp:attachment":[{"href":"https:\/\/legistify.com\/learn\/wp-json\/wp\/v2\/media?parent=27079"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legistify.com\/learn\/wp-json\/wp\/v2\/categories?post=27079"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legistify.com\/learn\/wp-json\/wp\/v2\/tags?post=27079"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}