Peter MacDonald Eggers KC and Sushma Ananda will be speaking at a UCL Private Law Group conference titled “Contract Law and the Unexpected” on Friday 16 May.
Commercial parties face uncertainty on a regular basis. Their contracts provide for risks and events that might occur during their contractual relationship, including those that cannot be (fully) controlled by the parties, and whose nature is not easy to foresee or be captured by the contractual parties’ expectations. One possible way of addressing the uncertainty generated by such risks and events is through reliance on established contractual doctrines, such as variation or frustration. However, under English law, these doctrines are traditionally limited. Another, and typically preferable, method is for contract drafters to include clauses that modify, suspend, or terminate the obligations or liabilities of one (or both) of the parties, or clauses that at least open up the options for renegotiation.
Such clauses raise a range of issues concerning their interpretation, effect and enforceability; the consequences that follow when the clauses do not work as planned; the consequences of allocating contractual discretion to a party to determine the existence of the relevant risk or event; and the extent to which the existence of specific clauses changes the options available to the parties beyond what general contract law principles offer.
This conference will focus on addressing these issues by bringing together academics and practitioners, and will interest contract drafters, legal advisors, litigation lawyers, barristers, judges, and academics.
Peter’s session, chaired by Mrs Justice Jefford, will examine ‘Hell or Highwater Clauses’. Peter will be joined on the panel by Jordan English, Associate Professor of Law, Oxford University.
In a session, chaired by Lord Sales, Sushma will look at ‘Specific Performance Clauses’ and commentate alongside Solene Rowan, Professor, Kings College London.
The event has been organised by Professor Paul S Davies and Associate Professor Magda Raczynska and is supported by Norton Rose Fulbright.
Please click here for further information and to book your ticket.