Contract Law
Contracts are the foundation of legal and commercial relationships, setting out the rights and obligations of parties. At Glover Chambers, we ensure contracts are carefully structured, valid under Mauritian law, and enforceable if challenged. We provide advice from contract formation through to enforcement and dispute resolution, ensuring clarity and protection at every stage.
Key Legal Framework in Mauritius:
- • Code Civil Mauricien – the main source of contract law, rooted in the French Code Napoléon. It governs the formation, validity, performance, and enforcement of agreements in Mauritius.
- • Article 1108 of the Code Civil Mauricien – sets out four essential conditions for a valid contract:
- o Consent – parties must freely and knowingly agree to the contract. Consent obtained through fraud, error, or duress can render a contract voidable.
- o Capacity – contracting parties must have legal capacity, including majority age and mental competence. Contracts made by minors or legally incapacitated persons may be void.
- o A certain and lawful object – the subject matter of the contract must be determinable and lawful. For example, an agreement involving illegal activity would be unenforceable.
- o A lawful cause – the purpose or reason behind the contract must not contravene the law or public order.
- • Scope of Application – Mauritian law applies these principles to a wide range of contracts, including commercial agreements, employment contracts, service contracts, and financial arrangements.
Key Principles:
- o Good Faith – central to Mauritian contract law. Parties must not only enter into agreements honestly but also perform their obligations fairly.
- o Written Form – while verbal agreements can be binding, written contracts are strongly preferred. Courts favour written evidence when resolving disputes, making documentation a vital safeguard.
- o Force Majeure – recognised in Articles 1147 and 1148 of the Civil Code, it exempts parties from liability where unforeseen external events (such as natural disasters or political unrest) make performance impossible. Courts interpret force majeure strictly, requiring proof that the event was beyond control and could not reasonably have been foreseen.
Key Services:
- • Drafting clear, comprehensive agreements tailored to your needs
- • Reviewing and negotiating commercial, employment, and service contracts
- • Risk analysis of proposed agreements to identify weaknesses or hidden liabilities
- • Enforcing or defending contractual rights in case of breach
- • Advising on remedies, damages, and force majeure in contractual disputes