Claim of Damages/Anticipated Profits - Contract Termination

A clause which at the outset is unilateral or unfair can certainly be declared null and void.  I suggest you to file a case for damages and anticipated profits by seeking a declaratory preliminary prayer to declare the said clause as null and void since it is a unfair term of contract.  In fact I have come across many cases where the terms of the contract (such as above) have been challenged as null and void and prayer for damages have been sought and been granted by courts.  Hence It is your client's duty to convince the court of the unfairness and claim his relief.

Moreover simply because jurisidciton of courts at england and wales has been incorporated in the contract and accepted to by the parties, does not confer jurisdiction in such courts.  It all depends on the cause of action and the other events to confer jurisdiction at a place.  If no part of cause of action has arisen in england and wales, then no case can be filed there.

Normally in-direct and consequential losses will not be admissible and the clause in the contract is line and will hold good. Please clarify if there was any remedy specified on such termination in the contract? If not contractor will be entitled for reimbursement of reasonable expenses incurred for contract execution.

I agree with DD Sathe. This provisions can not be called voide as does not fall under the provisions which define the agreements which are void under the contract laws. However, the terms and conditions of a contract which are aginst the basic principles of natural justice can be challenged.

In general, a party which is at better negotiating capacity can demand for a provision like this in his favor. And yes a termination without cause or for convenience provision without providing for any consequential damages/anticipated profits is very much enforceable. However, as DD Sathe has suggested, the contractior in that case can claim for reimbursement of reasonable expenses incurred for contract execution.