Open Access Research Article

BEYOND PANDEMICS: RETHINKING FORCE MAJEURE AND CONTRACTUAL LIABILITY IN THE FACE OF CYBERATTACKS AND AI-DRIVEN DISRUPTIONS

Author(s):
JAIMOL THOMAS RAMSI M
Journal IJLRA
ISSN 2582-6433
Access Open Access
Volume 3
Issue 7
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Abstract

Contracts are formed upon the underlying notion that parties entering into them will voluntarily assume reciprocal obligations in accordance with the terms and conditions agreed between them. Commercial transactions, however, remain susceptible to events occurring after the formation of a contract that may prevent, hinder, delay, or fundamentally alter anticipated contractual performance. Contract law consequently recognises mechanisms through which the consequences of extraordinary events may be apportioned between contracting parties. Force majeure represents one of the cardinal contractual mechanisms for confronting such circumstances. Traditionally associated with natural disasters, war, epidemics, governmental restrictions and other events beyond the control of contracting parties, its application has largely developed around physical and external disruptions.   The escalating digitalization of commercial activities, however, has put forth a new dimension to contractual disruption. Cyberattacks, ransomware, distributed denial-of-service attacks, cloud-service failures and data breaches may substantially interfere with contractual performance. Simultaneously, the growing assimilation of artificial intelligence into commercial operations creates further uncertainty where erroneous outputs, autonomous decisions or system failures result in contractual non-performance. These developments raise a pivotal question: Are conventional force majeure principles sufficiently equipped to allocate contractual risk arising from technologically induced disruptions? Neither cyberattacks nor AI-driven disruptions should automatically qualify as force majeure events; rather, their legal consequences must be determined through the contractual allocation of risk, foreseeability, control, causation, reasonable preventive measures, and mitigation. A technologically informed approach therefore requires contractual provisions addressing cybersecurity obligations, technological dependencies, AI oversight, notification, business continuity, and mitigation. The future of force majeure consequently lies not in indiscriminately expanding the category of excusable events, but in developing a risk-based framework capable of allocating technological disruption with greater precision.

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Author Details

Authors: JAIMOL THOMAS & RAMSI MRegistration ID: 1013448 | Published Paper ID: IJLRA13448 & IJLRA13449Approved ISSN: 2582-6433 | Country: Delhi, IndiaPage No.: 2248-2260

Article Information

BEYOND PANDEMICS: RETHINKING FORCE MAJEURE AND CONTRACTUAL LIABILITY IN THE FACE OF CYBERATTACKS AND AI-DRIVEN DISRUPTIONS

Authors: JAIMOL THOMAS, RAMSI M

  • Journal IJLRA
  • ISSN 2582-6433
  • Volume 3
  • Issue 7
Citation Download Paper Full Details Search on Google Search on Google Scholar

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International Journal for Legal Research and Analysis

  • AbbreviationIJLRA
  • ISSN2582-6433
  • AccessOpen Access
  • LicenseCC 4.0

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