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Deleted user

Lawyer

posted 2 years ago

An Ukrainian Company has been sent an email and declared: "pursuant to terms and conditions of the agreement, this letter is to advise that the comapny is under the Force_Majeure event due to invasion" .... This is while the Ukrainian company has been already delayed for two months before the war! how can I response to this excuse ?

Country

Germany

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Commercial and Business Law

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Deleted user

Lawyer

posted 2 years ago

In this particular instance, I think there could be a case of concurrency as there was a delay (and we still do not know the cause of the delay) and then, there is a force-majeure. It is essential to determine the cause of the delay before the invasion to say a more confident word about the next steps. What do you think?

Deleted user

Lawyer

posted 2 years ago

while War is usually an act of force Majeure, in this case, if the company has defaulted two months before the war, then that cannot only be said to be force Majeure. That's a breach.

Deleted user

Lawyer

posted 2 years ago

1) please reply to the Email stating that you have received and acknowledged the Email Communication 2) Communicate to the Company to contact again as soon as there will be normalcy and interest to continue the business as per the old agreement. Thanking you. With regards, S.Venkateswar Patnaik, High Court Advocate, Member-Legamart, Bhubaneswar, Odisha India Mobile Number+918480613309 Email📧 [email protected]