The leading cases in Frustration 2010

Force Majeure: Commonly in commercial contract, a clause allocate the risks of the party in relation to the mischief event such as terrorism, war and ‘Act of God’, this clause could override common law or LR(FC)A 43 by express or unambiguous provision. Taylor v Caldwell (1863) 3 B&S 826 P: frustration could be a defence [...]

Principle of proportionality

The contours of the principle of proportionality are familiar. In de Freitas v Permanent Secretary of Ministry of Agriculture, Fisheries, Lands and Housing [1999] 1 AC 69 the Privy Council adopted a three stage test. Lord Clyde observed, at p 80, that in determining whether a limitation (by an act, rule or decision) is arbitrary [...]

Morality – the way

Morality 3.7 If a man has no fear, you will fear him as he might be irrational or too brave to you. Do not limit their freedom, do not limit their living, and give them a decent life. So as if you do not limit them, they do not hate you. Ah, all the saints [...]

May Law update

-200 American lawyers lead by Mr Becnel are to plot action against BP. -BA price fixing trial of 4 executives postponed in Southwark Crown Court (Andrew, Martin, Iain and Alan) – Insider trading: Calvert was found guilty to instruct his friend to buy 3 shares of the company he knew were about to be taken [...]