rigzen yangdol (Student) 16 February 2011

compensation for loss caused due to suspension of license

i had 2 queries regarding loss or damages caused due to suspension of license.

when a party or a company incurs loss or damages due to suspension of license of their business because of no fault of theirs, then can they make a claim for compensation, considering the chapter on license in the Indian Easements act of 1882 does not have any provisiosn to this regard. the only rights for compensation they give to the licensee is in context of revocation or eviction.

also if the agreement already had a clause exonerating the other party from any such claims in such conditions-for eg. if the agreement says the party to be not liable for any loss or damage caused due to suspension- and the other party having signed it in the first place...does it make a difference-can the petitioner file for unreasonable condtions in the agreement subsequently?

will be very grateful

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pankaj gupta (self) 02 March 2011

your remedies lie in the contract Act ,specific performance Act, law of torts etc. the clause you mentioned from the agreement though signed by you can be valid for lawfully suspension not for their arbitrary action , but if your agreement exclusively give them right for doing so , then certainly they can't be liable for any compensation to you.