An example of an agreement that was to be of no use was the non-aggression pact between Neville Chamberlain and Adolf Hitler. World War II was still taking place between Britain, its allies and Germany. Companies need to take proactive steps to mitigate their risk triggered by a potential force majeure event, even if their business agreements do not include an explicit force majeure clause. As mentioned above, the presence (or absence) of a force majeure clause is not the end of the investigation. As explained here and in previous articles, there may be other ways for a company (or its counterparty) to request an exemption from contractual obligations due to force majeure, including remedies under customary law, CISG or Article 2 of the UCC. If your trade agreement does not include a force majeure provision, you should consider the following steps: As the effects of COVID-19 develop, the Irish government has taken steps to slow the spread of the virus, including granting emergency powers. There is a significant impact on the global economy, including supply disruptions, which will affect activity in many sectors. In this context, parties to commercial contracts at home and abroad assess their contractual rights and obligations and, in particular, force majeure. If undue influence or coercion did not contribute to the performance of the act in question by the party in question, the existence of such factors was unnecessary. [x] 16 Paragraph 2 clarifies that a dominant position includes situations in which a person has real or apparent authority, i.e. authority that is not explicitly stated but can be easily derived from a reasonable man, e.B. A client has apparent authority over their agent.
Other people in a fiduciary relationship are also able to control the will of the other. (e.B. doctor-patient relationship, lawyer-client relationship). Fiduciary relationships are those in which one person trusts the other person (who is in a dominant position). The elements of waiver of promissy notes in Indian jurisprudence can be understood from the judgment of the Apex court in MP Sugar Mills Co. . .