Sir, I have a shop in Lucknow , Alambagh VIP road. I have rented it to a person having Eureka forbs agency 4 months back after an agreement of 11 months on 100 Rs. Stamp Paper. It is a Semi Basement Shop. Last week due to heavy rain threre is 3 feet waterlogged in shop. Many of the belongings of tenant get damaged due to it. This type of incident never happened in last 10-11 years. Tenant is asking for compensation for his damage. He is giving threat to file a case. Please advice. Can he file a case on this ground and whether he is entitled for compensation from me. Regards Sunil
Ask a question and receive multiple answers in one hour.
Lawyers are available now to answer your questions.
1) what is the clause in your leave and licence agreement regarding damages caused to the tenanted premises ?
2) it is for licencee to take out insurance policy to insure material lying in the shop premises
3) you a re not to be blamed for water logging in the shop due to heavy rains
Hello,
No he cannot file a case with regards to this, if something has happened due to the act of god or due care was taken by you to prevent the said incident then you cannot be held to be liable and no case can be filed against you.
Regards
This is called force majeure or unavoidable accident.
It is a common clause in contracts that essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties, such as a war, strike, riot, crime, or an event described by the legal term act of God (hurricane, flood, earthquake, volcanic eruption, etc.), prevents one or both parties from fulfilling their obligations under the contract. In practice, most force majeure clauses do not excuse a party's non-performance entirely, but only suspend it for the duration of the force majeure.
Force majeure is generally intended to include occurrences beyond the reasonable control of a party, and therefore would not cover:
Any result of the negligence or malfeasance of a party, which has a materially adverse effect on the ability of such party to perform its obligations.
Any result of the usual and natural consequences of external forces.
Thus you try to convince him and also undertake to share some percentage of loss, if he insists on full compensation, you may ask him to proceed legally and you can challenge the same in court.
