The licensee is the person issuing the licence and a licensee is the person who pays for the licence and who enjoys the rights. Licenses should not be confused with leases or leases, as they are different in their own respects. In conclusion, we believe that force majeure will not be available as a defence to avoid payment of agreed royalties for the following reasons: if the leave and licence contract contains a force majeure clause and the unpredictable event is included in the categories defined in the pre-defined clause. Subject to the reading of such a clause in the agreement, the licensee may disclose to the licensee events that constitute a case of force majeure and, therefore, suspend its obligation to pay royalties until the force majeure is pursued. However, where the force majeure clauses contained in the leave and licensing agreements do not contemplate natural disasters or government instructions such as the current blockade or the pandemic itself, licensees may challenge the suspension of their obligations under section 32 of the ICA, 1872, as an essential element of the referral of this section as (a) description of the event in a force majeure clause; (b) there is the delay of the contractual obligation due to the event. c) Delays in payment are due to the fact that the event is beyond the control of the party invoking the clause and not its inadequacies. (d) The parties are required to ascertain whether the performance of the undertaking is totally impossible or whether there is only a temporary change in circumstances that can be cured by an alternative that could have been provided for in the agreement. (e) The force majeure clause cannot be triggered automatically in the event of events that occur, but can only be invoked after a point where the parties have no alternative to reduce the loss, when they have made every effort to assign the risk according to the terms of the agreement. 9. The premises granted are made available to the licensee on a personal basis and the licensee or his agent who occupies the same employee has no right to transfer the benefits of this contract to other persons or is not allowed to allow someone else to occupy the premises or their parties. Nothing in this agreement is considered a lease or lease, and the taker agrees and undertakes that the taker will not supervise such a dispute at any time.
In recent years, the real estate market has more than changed. Inderjan Janata is becoming increasingly aware of the law on transactions and transactions. Finally, the market has undergone a change in the style in which the acts and agreements were developed. The French expression of “force majeure” means superior violence. The performance of part of the contract is not possible for reasons that are not controlled by the parties and which could not be avoided by the exercise of the necessary diligence, this provision protects the parties. It covers a wider class of events than vis major (i.e. an act of God). Most real estate leases contain such force majeure clauses. Housing, hotels, restaurants and retail businesses that pay the highest rents tend to include force majeure clauses in their contracts that would suspend the payment of rent in the event of force majeure. However, in the absence of a force majeure clause, the parties may continue to request the termination of a contract because of the nullity of an agreement on an act that becomes impossible after the contract is concluded.
This principle is called the “doctrine of frustration.” A popular choice among owners, the license and leave agreement has the following features.