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The world came to the standstill with series of lockdown for a simple cause to save the mankind from Covid-19.

 Everything was curbed. Businesses got stalled. Finance cycle could not be completed as the wrath came at the fag end of the financial year 2019-2020.

 Panic pushed Companies to run the show with limited resources. Everyone was busy in damage control exercises as lockdown saw a chain in making.

There came the real devil out of the Contract i.e. the dispute. This time the origin of the dispute was in the form and manner of a fancy name of force majeure.

Surprising, during lockdown two expressions were very popular, namely:

a.  Covid-19

b. Force majeure

This also saw a new avatar of people where every second person suddenly started advising about the remedies to control Covid-19. Likewise, almost every business person and allieds behaved as a legal pundit to apply the venom of force majeure.

The story was unending in as much as it started with supply chain and ended with real estate. Whatever came in between was incidental, ancillary and in or in relation to these were made to fall under the ambit of the legal Dracula, the force majeure.

It was the just a beginning, the trailer got circulated through notices & replies in a switch on and switch off mode. Some bothered and applied it in a haste while others simply took a chance since they knew movie is yet to be released.

There came two schools of thought. One advocated, just see the term force majeure and attack, while the other said what is behind force majeure atleast see. Alas, the first school had majority with huge fan following since it seemed like a vaccine for damage control till the time vaccine for Covid-19 arrives.

But, the fate is yet to be written since the movie is yet to be released with a title “Have you met the legal Dracula?

The answer is yet to be explored in defense, attack or settlement. But, the moot question is as to how well are you prepared to watch this movie when it will come in full swing in the theatres of your company.

 Are you waiting or already got a legal strategy to tackle it?

Ironically, production, finance, marketing, sales, advertisement, pricing, etc., all have a strategy but why not a legal strategy to tackle when you have a legal Dracula before you?

It’s all about caring as to under which school of thought you fall in the first place.

Time to wake up and act. Hope this story will make everyone realize to have one dedicated cupboard prepared to keep files for dispute and litigation for an unforgettable Covid-19 Era of our life.

Wish you all, best of luck to tackle this legal Dracula…


Author Details : Anandaday Misshra | Founder & Managing Partner | AMLEGALS |

Disclaimer: The information contained in this document is intended for informational purposes only and does not constitute legal opinion or advice. This write up is not intended to address the circumstances of any particular individual or corporate body.


Author Bio

As a Counsel, his focus areas of practice are Arbitration, GST/indirect tax, Customs, International Laws, Regulatory, Data Privacy, Employment Laws & White collar crimes. As a strategic advisor, he has a rich experience in M&A, Joint ventures, Due Diligence and Cross border transactions. View Full Profile

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One Comment

  1. UMESH CHANDRA says:

    Well articulated article legal Dracula, here am more interested how to define force majeure in defense under one of crucial agreement with customer
    Kind regards,
    umesh Chandra

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July 2024