header-logo header-logo

13 November 2008
Issue: 7345 / Categories: Features , Commercial
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Browne Jacobson—Caroline Barker & Tom Walker

Browne Jacobson—Caroline Barker & Tom Walker

Browne Jacobson recruits regulatory experts Caroline Barker and Tom Walker to bolster health, government and corporates practices

Jackson Lees Group—Paul Harrison, Helen Innes & Sorcha McMullan

Jackson Lees Group—Paul Harrison, Helen Innes & Sorcha McMullan

Partner and paralegals bolster clinical negligence team at Jackson Lees Group

Stone King—Manchester

Stone King—Manchester

Stone King triples Manchester footprint with office move as law firm’s rapid growth journey continues

NEWS
Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
The government has launched a £16m legal support grant to support 48 frontline legal advice organisations supporting people facing eviction, problem debt, benefit disputes and family breakdown
back-to-top-scroll