RETHINKING TERMINATION FOR CONVENIENCE CLAUSES IN INDIA: IS THERE A NEED TO IMPORT AMERICAN STANDARDS?
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DOI:
https://doi.org/10.55662/Abstract
Drafted termination for convenience clauses in contracts have consistently been gaining traction for the ease at which they allow a party to exit the contractual obligation. However, the Indian system of adjudicating these clauses and their viability, is deeply convoluted and inherently complicated. In light of the same, this essay provides reasons why the Indian jurisprudence must adopt the American system of adjudicating these clauses. It shows how the Indian judges are already using American standards of adjudication – sometimes directly, and sometimes indirectly - to adjudicate cases relating to these clauses in India. Thus, it argues, that it is only prudent to formally recognise such infusion, and if not adopt, acknowledge at least the American standards of adjudicating termination for convenience clauses in India.
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