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Covid 19 – Frustration of Contracts and Force Majeure

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Pandemic of Novel Corona Virus (Covid-19) has caused halt to almost every business activity in India and the world. Some of the countries are virtually shut and the economies have trembled to a grinding halt. Covid-19 has virtually shut each and every market and movement of people and goods. In this challenging time the Governments and other stakeholders are trying to keep pace with the requirements on medical and essential items to the people at large. The basic aim of the government is to keep people safe and only time will tell “were we able to deal with the situation”. In coming future, the economies will wake up stand on its leg and they will try to recover the injury caused due to this pandemic. Definitely the economies will strive through their business activities but, simultaneously, the claims regarding dishonour of various commitments by respective parties shall also be on rise. These claims will reach to various courts and tribunals and one of the most precious defe
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Am I an intermediary? Is my liability unlimited? What are my liabilities.

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Am I an intermediary? Is my liability unlimited? What are my liabilities. With rising market share of e-commerce platforms these questions are ringing bell in the corridors of Industry and Indian Legal System. These questions are being asked, debated and answered in various forums, at industry level and in Courts. The stakeholders to this technological revolution are thinking loud more about “regulation” and less about “facilitation”. Legal Provisions: Let’s examine basic legal principles regulating the e-commerce, especially the marketplace model. To start with there are two kinds of marketplace in India, one is marketplace model of e-commerce and other is inventory based model of e-commerce. Reserve Bank of India in its Master Direction dated 4-Jan-2018 issued notifications under Sections 10(4) and 11(1) of the Foreign Exchange Management Act, 1999 defining e-commerce. E-commerce is buying and selling of goods and services including digital products
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