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LANDMARK CASE

Energy Watchdog v. Central Electricity Regulatory Commission

(2017) 14 SCC 80 · Supreme Court of India · Contract law

At a glance

  • Citation: (2017) 14 SCC 80
  • Court: Supreme Court of India
  • Area of law: Contract law
  • In one line: No. A rise in price does not make performance impossible.

1 Facts

Power producers claimed that a rise in Indonesian coal prices excused them.

2 Issue

Does a price rise frustrate a contract or trigger force majeure?

3 What the court decided

No. A rise in price does not make performance impossible.

4 Why it matters

Important for force majeure and frustration.

5 Think about it

How would COVID-19 differ from a price rise?

6 Analyse it yourself

Read the full judgment from an official source or a law database, then brief it in seven steps: facts, issues, arguments, decision, ratio, obiter and significance. Always check the citation before you rely on it.

How to analyse a judgmentHow to cite this case

7 More cases on Contract law

  • Bhagwandas Goverdhandas Kedia v. Girdharilal Parshottamdas AIR 1966 SC 543
  • Carlill v. Carbolic Smoke Ball Co. [1893] 1 QB 256
  • Central Inland Water Transport Corporation v. Brojo Nath Ganguly (1986) 3 SCC 156
  • Fateh Chand v. Balkishan Dass AIR 1963 SC 1405
  • Felthouse v. Bindley (1862) 11 CB (NS) 869
  • Gherulal Parakh v. Mahadeodas Maiya AIR 1959 SC 781

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