Question

Is there a breach of contract by the landlord of malls if they are unable to provide premises to the tenants during MCO? Are the tenants able to sue for breach of contract to the landlords for not providing premises to them during MCO ?

Answer 1

- No there is no breach of contract by the landlord of malls if they are unable to provide premises to the tenants during MCO

- No , tenants will not be able to sue for breach of contract to the landlords for not providing premises to them during MCO.

- A force majeure clause is a legally binding term whereby parties set out the unforeseeable occasions which may pardon one (or both) of the gatherings from the presentation of an agreement, in entire or to some degree. These unforeseeable occasions are generally outside the ability to control of the two players.

- There are different kinds of force majeure clauses. The impact of such clauses will rely upon the extent of the unforeseeable occasions pondered by the gatherings.

- Note that a force majeure clause must be summoned and depended upon on the off chance that it has been explicitly accommodated in the occupancy understanding.

- The weight of confirmation lies on the gathering wishing to conjure the clause.