Query
Guest
(Querist) 17 October 2012
This query is : Resolved
In contract law, with regard to breach of contract, emergency cases are exempted or not?
Advocate Rajkumarlaxman
(Expert) 17 October 2012
please put the facts of the case in particular. then only it would be possible to guide or else is it an academic query
Tajobsindia
(Expert) 18 October 2012
1. Any such "emergency exemptions" in a Contract are against S. 23 of the Indian Contract Act.
R.K Nanda
(Expert) 18 October 2012
academic query.
Guest
(Expert) 18 October 2012
What emergency case in what type of breach of contract? Please be specific to your personal problem, instead of posting examination type of question to be answered by students in the examination hall.
Guest
(Querist) 18 October 2012
like in a case where two passenger travel by airline to reach delhi for surgery purpose, but due to emergency reason of (bad weather) plane is landed to another place. And in meanwhile due to delay in reaching delhi, he suffers injury. when there was a contract between airline and person to reach delhi in time, then in this case emergency exemptions can be used for avoiding damages arose from breach of contact or not? It must be noted taht airlines took due care of patient in giving health facility to the extent they could give to the patient.
Tajobsindia
(Expert) 18 October 2012
1. Any such "emergency exemptions" in a Contract are against S. 23 of the Indian Contract Act.
2. As per facts; if the passenger already got due facilities from carrier and still insisit to invoke S. 23 and claim larger compensation then similar cases were decided with very insignificant lower damages in favor of passenger.
Guest
(Expert) 18 October 2012
Only reasons, which form part of force majeure, as might have been included specifically in the agreement, fall within the scope of exemptions, otherwise not.
Tajobsindia
(Expert) 18 October 2012
I differ to Mr. Dhingra.
1. It does in reference to context.
Guest
(Expert) 18 October 2012
Tajobsindia has a right to differ with my opinion, but with some specific reference to legal provision. In fact, I don't see any such emergency provisions of force majeure nature (natural phenomina or disaster) prohibited under section 23 from exemptions. Mr. Tajobs may kindly like to refer some specific section, which can clearly specify that the events of force majeure nature should not be taken as exemption under breach of contract. Extract of Sec. 23 is reproduced below for reference purposes:
EXTRACT OF SEC.23
The consideration or object of an agreement is lawful, unless -It is forbidden by law; oris of such nature that, if permitted it would defeat the provisions of any law or is fraudulent; or involves or implies, injury to the person or property of another; or the Court regards it as immoral, or opposed to public policy.
In each of these cases, the consideration or object of an agreement is said to be unlawful. Every agreement of which the object or consideration is unlawful is void.
Guest
(Querist) 18 October 2012
dear experts, so what is the upshot of this discussion? exemption is there or not?
V R SHROFF
(Expert) 18 October 2012
file suit & wait for judgement.
Final authority is judge , who only weight evidence. One has to prove his own case.
