- Parties must have a valid Contract / Agreement.
- The Contract/ Agreement is yet to be performed.
- The Force Majeure event should have been an unforeseen event.
- There is a normal duty of the parties to mitigate the effects of the force majeure event and there must be substantial reason to prove that the said event is the cause of non – performance/ impossibility of the Contract.
- Impossibility does not mean physical or literal impossibility but that the event may have totally upset the very foundation of the Contract/ Agreement.
- The Force Majeure event leading to non-performance need not necessarily conclude in termination of the Contract. It is based on the terms of the contract and the circumstances of the force majeure event.
- There is always an alternative to renegotiate or to temporarily suspend the Contract/ Agreement than to blindly terminate it.