Page 21 of 48 (b) India should move fast to capture the extended neighbourhood market before it comes under the influence of China. (c) India should ensure space for Iran in any future security deal in the region. (d) None of the above. 65. Which of the following is correct? (a) Israel does not have a Constitution. (b) Israeli Constitution is like ordinary law. (c) There is no Constitution but a Basic Law of 1950. (d) Israel has a Constitution of 1967. 66. Israel is a theocratic Jewish state but it follows legal pluralism. Accordingly it has: (a) Jewish Courts to decide cases of all religious communities. (b) Secular Courts will apply Uniform Civil Code in respect of all communities. (c) Each religious community has its own Religious Court to deal with Personal law disputes. (d) No distinction between Personal law and Public law. Legal Reasoning The COVID-19 pandemic has taken the entire world hostage in less than four months, and the global economy has been hit the hardest with governments across the globe implementing stringent policies including lockdown to control the coronavirus outbreak. The pandemic today presents unprecedented challenges and impediments to businesses in conducting their normal operations. The lockdown across the world has caused delays in the performance of contracts and transactions. Now, the question that arises is whether the current situation can enable parties to a contract to alter their obligations with non-compliance of terms neither being regarded as a "default committed by any party" nor a "breach of contract"? There are certain well-accepted practices for dealing with such extraordinary situations in commercial transactions by the inclusion of force majeure & material adverse effect (MAE) clauses. Determination of the types of circumstances so covered by the force majeure clause contained in a contract is essential. Provisions of force majeure often cover natural disasters like hurricanes, floods, and earthquakes as "acts of God." Other covered events may include war, terrorism, civil disorder, fire, disease medical epidemics or by reasons of applicable laws or regulations. Broadly, the Courts have interpreted the term "Force Majeure" as an event that can neither be anticipated nor controlled by either of the contracting parties. A force majeure clause applies in the context of ongoing contractual arrangements, whereas, an MAE or material adverse change (MAC) clause applies to the allocation of risk in transactions before their closure or completion. Pandemic and related consequences such as government action is a type of event covered by a force majeure clause, however, its impact on the affected party's ability to perform its contractual obligations may vary depending upon contractual terms. It is common for force majeure clauses to specify the impact that the event or circumstances in question must have, in order for the clause to be triggered. References may be made, for

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Aishwarya Sharma

1 year ago

apko kya doubt hai kindly mention

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