PANDEMICS, PERFORMANCE, AND PROMISES: RE-EXAMINING FORCE MAJEURE AND FRUSTRATION OF CONTRACTS IN EXTRAORDINARY TIMES

Abstract

The COVID-19 pandemic disrupted contractual performance across industries, exposing fundamental tensions within classical contract law doctrines. Lockdowns, supply chain breakdowns, labour shortages, and regulatory prohibitions rendered performance impossible or commercially impracticable for countless contractual parties. This paper examines how the doctrines of force majeure and frustration of contracts were invoked, interpreted, and applied during pandemic conditions. Through a doctrinal analysis of Indian contract law, particularly Section 56 of the Indian Contract Act, 1872, and judicial treatment of force majeure clauses, the study evaluates whether existing legal principles adequately address extraordinary disruptions. The paper argues that pandemic litigation revealed inconsistencies in judicial reasoning, excessive reliance on contractual literalism, and uncertainty regarding the threshold of impossibility. It further contends that extraordinary times necessitate a calibrated doctrinal approach that balances contractual sanctity with fairness, foreseeability, and risk allocation. By situating pandemicrelated disputes within broader comparative and international perspectives, this research seeks to reassess the adequacy of traditional doctrines in responding to systemic global crises.