Editorial
Knowledge, Plainly Written
Long-form notes on the questions our individual and NRI clients ask most often. Written so you can decide whether you need a lawyer at all, and what to ask if you do.
What is a force majeure clause and when can it be invoked?
Imagine running a textile business in Surat. You've signed a contract to supply 10,000 metres of fabric to a buyer in Delhi by March 2023. Then, overnight, the government announces a complete lockdown due to a pandemic. Your factory shuts. Transport stops. You cannot deliver. The buyer threatens legal action for breach of contract. Can you be held liable for something beyond your control? This is where a force majeure clause becomes your legal shield. During the COVID-19…
Read article · 19 min →What legal remedies are available for breach of contract in India?
Understanding Breach of Contract in India When one party fails to fulfill their obligations under a legally binding agreement, it creates a breach of contract . This common scenario affects businesses, individuals, and professionals across India, disrupting plans, eroding trust, and causing financial losses. Whether it's a supplier who doesn't deliver goods on time, a client who refuses to pay, or an employee who violates confidentiality clauses, understanding breach of…
19 min read →What happens if one party fails to perform contractual obligations?
What is Non-Performance of Contract? A contract is a legally binding agreement between two or more parties. Each party commits to doing something or refraining from doing something in exchange for something else. When one party fails to fulfill their agreed-upon responsibilities as per the contract terms, this constitutes non-performance of contract or breach of obligations . Think of it like a game with clear rules. If a player agrees to a certain move but doesn't make it,…
21 min read →How can damages for breach of contract be claimed?
Understanding Damages for Breach of Contract in India When someone fails to honor their contractual promise, the consequences extend far beyond disappointment. Imagine a vendor who fails to deliver critical materials for your construction project, or a client who refuses payment after you've completed services. These breaches don't just disrupt business relationships; they cause real financial harm that ripples through operations, revenue streams, and future opportunities.…
23 min read →What is an indemnity clause and why is it important?
What Is an Indemnity Clause in Contracts? You sign a contract to supply goods to a company. Six months later, the company faces a lawsuit from a third party claiming your goods violated someone's trademark. The company then turns to you and says, "You must pay for our legal costs and any damages we face because of your product." You wonder: is this even legal? Can they make me pay for their losses? This is where an indemnity clause in contracts comes into play. In India,…
20 min read →How can a party seek an injunction in contract disputes?
Understanding Injunctions in Contract Disputes When a business partner threatens to breach a critical agreement, or a former employee prepares to violate a confidentiality clause, the damage to your interests can be swift and irreversible. Waiting months or years for a final court judgment may leave you with nothing to protect. This is precisely when an injunction in contract disputes becomes essential. An injunction in contract disputes is a court order that either…
23 min read →What are the essential elements of a valid contract in India?
Understanding the Essential Elements of a Valid Contract in India You order a phone online and pay ₹50,000, but the seller never delivers. Your landlord suddenly denies the rental agreement you both signed. A business partner backs out of a deal despite a written commitment. What went wrong? Was there even a valid contract in India to begin with? These situations happen every day across India. People lose money, waste time in court, and feel cheated because they didn't…
21 min read →What is anticipatory breach of contract and what remedies are available?
Understanding Anticipatory Breach of Contract in India: Your Rights and Remedies Imagine signing a contract with a vendor to supply machinery for your factory by June 2024. In March 2024, they send you an email stating they won't be able to deliver the goods and have sold them to another buyer. The contract hasn't reached its performance date yet, but you already know they won't honour it. What do you do? Can you sue them now, or must you wait until June? This is exactly…
16 min read →What are the legal consequences of misrepresentation in a contract?
Understanding Misrepresentation in Contract Imagine purchasing property after the seller assures you the title is clear, only to discover multiple ownership disputes after payment. Or accepting a job offer based on promised responsibilities, then finding the actual role completely different. These scenarios exemplify misrepresentation in contract , a crucial legal concept that protects parties from entering agreements based on false information. In India, where millions of…
18 min read →When can a contract be terminated legally in India?
Understanding Contract Termination in India When you sign a contract for office space, hire a vendor, or enter a business partnership, you expect all parties to uphold their commitments. But what happens when circumstances change or obligations go unfulfilled? Perhaps your landlord stops maintaining essential services, a supplier repeatedly misses delivery deadlines, or a business partner refuses to perform agreed duties. Can you simply walk away from these agreements…
24 min read →Can oral agreements be enforced in India?
Understanding Oral Agreement Enforceability in India You close a business deal over a phone call. A contractor agrees to renovate your home with a handshake. Your relative promises to sell you land during a family gathering. No paperwork is signed. Weeks later, the other party backs out, claiming "there was no agreement." You face frustration, financial exposure, and legal uncertainty. This scenario plays out daily across India in business transactions, property dealings,…
20 min read →Can a contract be enforced through specific performance?
You signed a contract to buy your dream apartment in Mumbai. The builder took your deposit, but now refuses to hand over possession. Your money is stuck. Worse, you already sold your old flat. Your family is in limbo. You want the apartment, not just a refund. Can the law force the builder to honour the contract? This is where specific performance of contract becomes critical. Imagine a different scenario: you agreed to buy a unique family heirloom painting or a specific…
23 min read →How can a legal notice for breach of contract be sent?
What Is a Legal Notice for Breach of Contract? A legal notice for breach of contract is a formal written communication sent by an aggrieved party to a defaulting party, informing them that they have failed to fulfill their contractual obligations and demanding corrective action, payment, or performance. Under the Indian Contract Act, 1872 , this notice serves as the first essential step before initiating legal proceedings. When one party enters into a binding agreement and…
22 min read →What is the difference between void and voidable contracts?
Understanding the Basics: What Makes an Agreement a Contract? Before examining void vs voidable contract , you need to understand what makes any agreement legally binding. Under the Indian Contract Act, 1872 , a contract is an agreement enforceable by law. For an agreement to become a valid contract, Section 10 requires these essential elements: Offer and Acceptance : One party proposes something, and the other agrees. Lawful Consideration : Both parties must exchange…
20 min read →How can settlement agreements be enforced in India?
Understanding Settlement Agreements in India Have you ever spent months locked in a legal battle, endured the courtroom stress, mounting legal fees, and emotional exhaustion, only to finally reach a settlement? You breathe a sigh of relief, believing the matter is closed. But what happens when the other party refuses to honour what was agreed? What if they simply walk away from their commitments? A settlement agreement is a contract designed to resolve disputes and prevent…
18 min read →How can cross-border commercial contract disputes be resolved?
Understanding Cross-Border Contract Disputes You've signed a supply agreement with a vendor in Singapore. The shipment never arrives. The vendor stops responding. Your money is stuck abroad, and you have no idea which court can help you—Indian or foreign. This scenario is not rare. Thousands of Indian businesses, startups, exporters, and service providers enter into international contracts every year. Many involve parties in different countries, governed by different legal…
24 min read →Can electronic contracts and digital signatures be enforced?
Understanding the Legal Framework for E-Contracts in India You just clicked "I Agree" on a service agreement, signed a freelance contract using a digital signature app, or accepted a job offer through email. Days later, the other party refuses to honor the terms. You wonder: does that electronic contract actually hold up in court? This question affects millions of Indians who enter into online agreements daily, from booking flights and hiring freelancers to signing…
20 min read →How can disputes arising from commercial agreements be resolved?
What Are Commercial Contract Disputes? A commercial contract dispute arises when parties to a business agreement disagree over its terms, performance, or interpretation. These disagreements can involve payment schedules, quality of goods or services, delivery timelines, or fundamental questions about who owes what to whom. In essence, one party believes the other has failed to uphold a legally binding bargain. Commercial contract disputes are a natural byproduct of business,…
23 min read →