Palak Shah

Across both public and private law, the Indian legal system uses certain mechanisms to manage disruption, inconsistency, and impossibility. Non-obstante clauses, give certain provisions overriding effect in case of conflict, while force majeure clauses allow temporary suspension of contractual obligations during unforeseen events like pandemics, wars, or natural disasters. Though arising from different legal contexts, both enable temporary suspension, modification, or prioritisation of obligations in exceptional circumstances.

Warranties are a key feature of commercial contracts, providing enforceable assurances about the quality, performance, or characteristics of goods and services. They allocate risk and shape remedies for non-performance or defects. Under Indian law, warranties may be express or implied, making it important to identify which must be expressly set out or excluded, which cannot be excluded, and how liability can be limited or expanded. This article examines these categories, emphasising how careful drafting can reduce disputes, clarify relationships, and build long-term trust.

Affiliations & Notes Section of Infectious Diseases, Boston University Chobanian & Avedisian School of Medicine, Boston, MA, USA

India's GCC sector has grown significantly and is now a mainstream route for multinational groups looking to build capability here. As set out in our