A contract is a legally applicable agreement. The agreement still exists between two or more parties, but no less than two parties. The provisions of the agreement and intent must be understood to determine the effect of the force majeure clause. In Phillips P.R. Core, Inc. v. Tradax Petroleum Ltd., 782 F.2d 314, 319 (2d Cir. 1985) it has been found that the primary purpose of force majeure clauses is generally to remove some of its contractual obligations when their performance has been distorted by a force beyond its control or if the purpose of the contract has been thwarted. As a general rule, the occurrence of a case of force majeure gives the promised the right to terminate the contract and take all necessary measures, as he sees fit. For example, if the owner believes there is a risk to the equipment, the owner may request the removal of the leased equipment. As a general rule, subletting is not allowed in leases. Despite the same thing, when the tenant sublet the property, it gives rise to disputes between the landlord and the tenant. The most important thing that should be remembered both as a landlord and as a tenant is that contracts/agreements are legal and binding.
As long as the terms of the lease/contract are clear, both parties must fulfill their responsibilities in accordance with the agreement. Disputes between landlords and tenants arise when there are conflicting interpretations of the clauses in the tenancy agreement. The frequent reasons for disputes between the landlord and the tenant can be listed as follows: In the pioneering decision of Satyabrata Ghose v. Mugneeram Bangur – Co., 1954 SCR 310, the Hon`ble Apex Court had made in the pioneering decision of Satyabrata Ghose v. Mugneeram Bangur – Co., 1954 SCR 310, in Section 56 of the Indian Contract Act. The Supreme Court found that the word « impossible » in the section was not used in the sense of physical or literal impossibility. In determining whether a force majeure event has occurred, it is not necessary for the execution of an act to become literally impossible, a mere infeasibility of the performance from the parties` point of view and taking into account the purpose of the agreement is also covered. If an unforeseen event or unforeseen change in circumstances exactly disturbs the foundations on which the parties have reached their agreement, the same can be considered an « impossibility » to do so, as agreed. The definition of the contract is given by the S.2 (h) of the Indian Contract Act, which provides that « a contract is a legally enforceable agreement. » Therefore, a contract is an agreement between two or more parties that will enforce the law.
An agreement is defined as « any promise and set of promises that make for each other. If a proposal is adopted, it becomes a promise. Therefore, an agreement is a proposal adopted. To reach an agreement, there must therefore be a proposal or offer from one party and its acceptance by another party. In short, proposal for an agreement – adoption. Their access and use of pakistanlawsite.com (« Pakistanlawsite »), an online legal research service, are subject to the terms of the agreement (« agreement »). To access Pakistanlawsite, read the agreement carefully. If you agree to all the terms of the agreement, activate « I agree » to have access to Pakistanlawsite.com.
If you do not agree with any of the terms of the agreement, do not control « I agree » and you will not have access to Pakistanlawsite. By completing the registration process, you had to have authorized user (« user ») of Pakistanlawsite. By choosing the « I agree » box and with Pakistanlawsite, you accept the following terms of the agreement: an agreement consists of commitments between the two parties.