Legal Frustration There is a English legal doctrine called frustration. It acts to bring a contract prospectively to an end because of the effect of a supervening event ie it ends the contract early. It requires the law to recognise that: without default of either party a contractual duty is
Do you ever stop to think about the emotional impact your contract creates on the recipient? During the festive break, my mum died and I have been bombarded with decisions, contracts, legal jargon and paperwork to read and sign… all at a time when I am already an emotional wreck.
I have gone back to school – in December 2018 I joined the Legal Creatives Academy, an on-line legal design school run by Tessa Manuello. Her multi-faceted approach to legal creativity is not based on innovation for the sake of it. It is not designed primarily to save the time
In January there is a rash of articles explaining how the construction industry will do things differently in 2019. Most of them will be talk without action. So here’s my handy guide to reading between the lines of those promises… Read the full edition here » If we want to
A few years ago, I was speaking to an audience at an RICS event and someone asked how he should proceed to write a contract if he didn’t trust ‘them’ (also known as ‘the other side’). I was momentarily stunned into silence – a rare and unusual occurrence for me!
There are a number of ways of responding to possible risks events: one option is to exclude your responsibility (or liability) for specific types of claims or specific categories of losses. These terms which give effect to that option are ‘exclusion’ clauses (also known as exemption clauses). The Court of
Most UK construction projects are carried out on standard form contracts which set out specific events which can entitle one or other of the contracting parties to a range of remedies: an adjustment or extension to the planned completion date more money either for carrying out additional works or for
When you see a pile of presents, do you ever think how much of it will be rubbish or redundant tomorrow? The same goes for contracts. It is only by taking contracts apart clause by clause that you can really tell how much is ineffective ‘wrapping’. Read the full edition