Indian Express Explained 27/05/2020

1)Explained: Why the present heatwave in North India is unusual :- What is a heatwave and when is it declared? Meteorologists declare a heatwave event when the maximum (day) temperature for a location in the plains crosses 40 degrees Celsius. Over the hills, the threshold temperature is 30 degrees Celsius. When the day temperature jumps by 4 to 5 degrees above the normal maximum temperature of a location, it is declared as a heatwave.

For example, if the normal maximum temperature for a location in the plains on a given day should be 40 degrees but records 45 degrees, then that location is experiencing a heatwave. Alternatively, any location where maximum temperature crosses 45 degrees or shows a departure of over 6 degrees from normal, it is a severe heatwave condition.

A heatwave spell generally lasts for a minimum of four days. Heatwave conditions occurring in May have been observed to last longer, as the season reaches its peak this month. 

Effect Of Western Disturbance on Heatwave:- When Western Disturbances interact with weather systems heading from the two southern seas, that is, warm winds blowing in from the Bay of Bengal or the Arabian Sea, they cause snowfall or rainfall over the north. This reduces the impact of Heatwavess.

2) Experts explain: Can doctrine of frustration be enforced during a force majeure event?

The Current Corona Emergency has caused an Economic Efficiency. In this situation some parties of contract might not be able to fulfill the contractual Obligation. This is called force majeure.

The question is whether a situation such as this could qualify as a force majeure (unforeseeable circumstances that prevent someone from fulfilling a contract) event thereby allowing some relaxation in the contractual obligations of a party.

Statute for Contracts in India :- The Indian Contract Act, 1872 is more than a century old and does not have any specific provisions relating to suspension of contracts or termination of contracts in cases of a pandemic as the current one unless the performance by a party is affected permanently. The Act clearly provides that an agreement to do an act impossible in itself is void (Section 56). After a contract is made, if any act becomes impossible or unlawful by reason of some event, such a contract becomes void.

What is Frustration of a Contract :- A party claiming frustration of contract and seeking to escape liability or other obligation under a contract, will necessarily have to approach an appropriate judicial forum which will examine the matter to ascertain if the ingredients of ‘frustration’ of a contract are contained and satisfied.

The force majeure clause in contracts should not be misconstrued as an event of frustration covered under the Act. Force majeure is purely a contractual remedy available to an affected party under a contract and for seeking relief, the reference would be to the express terms of the contract. 

Termination of a frustrated contract would be possible only in cases where the contract becomes impossible to perform which means the damage to the contract should be of permanent nature and not something which can be performed with passage of time. Hence a temporary inability or force majeure event would not qualify under the doctrine.

3) Solidarity Trial: What progress has been made so far? “Solidarity” is an international initiative for clinical trials launched by the WHO, along with partners, to help find an effective treatment for Covid-19. It was originally supposed to look at four drugs or drug combinations: remdesivir, HCQ, ritonavir/lopinavir and lopinavir/ritonavir/interferon beta 1a.

According to WHO: “By enrolling patients in multiple countries, the Solidarity Trial aims to rapidly discover whether any of the drugs slow disease progression or improve survival.

India is among the Countries which is in the Solidarity trial.

Let’s Make a Question on these News :-

Q. Which of the Following Statements are correct Regarding Solidarity Trial

  1. Solidarity is an initiative of Joint medicine research by UN.
  2. India is not the part of Solidarity initiative.

OPTIONS :

  • A) 1 only
  • B) 2 only
  • C) Both
  • D) None

Answer : 1 only , Since India is a part of solidarity initiative.

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