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13 November 2008
Issue: 7345 / Categories: Features , Commercial
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An uncertain art

Who should bear the risk of market volatility? Ian Gascoigne reports

“Always expect the unexpected.” Perhaps this is a good lesson for life, especially in these turbulent times in the financial world, but it is not something a contract breaker is required to do. He is required only to expect what it is reasonable to anticipate will happen as a consequence of his failure to perform his agreement. He does not have to engage in speculation about something which could happen if it is not likely to do so. Therefore, a victim of contract breach may suffer losses which he cannot recover because their occurrence cannot be said to be probable from the outset.

Without any variation in a particular contract, this principle requires a party in breach to pay the bill arising from the consequences of what the parties reasonably contemplated as the probable result of breach, at the time they made their agreement. The ambit is to be assessed either objectively, or as a result of special circumstances which are known to both parties when

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MOVERS & SHAKERS

DAC Beachcroft—Clare Dewar

DAC Beachcroft—Clare Dewar

DAC Beachcroft strengthens Scottish real estate capabilitywith partner appointment

Womble Bond Dickinson—Brendan Ryan

Womble Bond Dickinson—Brendan Ryan

Womble Bond Dickinson appoints Brendan Ryan as partner in Public Law Projects team

Parklane Plowden Chambers—five appointments

Parklane Plowden Chambers—five appointments

Parklane Plowden Chambers welcomes five new barristers

NEWS
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
A time-restricted bank tax, a ‘roadmap to fiscal devolution’, extension to parental leave, entrepreneur’s relief and a giveaway on energy bills for households are the headlines in Chancellor of the Exchequer John Healey’s 2026 Autumn Budget
A Court of Appeal judge has lamented the ‘very concerning’ state of the law on employee inventor compensation after a chemist’s case took five-and-a-half years to reach court, eventually being listed for a 37-day trial next year
The Law Society has emphasised that responsibility remains human, in a practice note on artificial intelligence (AI)
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