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Force Majeure: When Performance Is Not Enough

Parties affected by a force majeure event should exercise "reasonable endeavours" to overcome such an event, even if the contract does not clearly state so. However, when exercising reasonable endeavours, parties do not...more

I Can't Get No Satisfaction: English Court Rules That Proof "to a Party's Satisfaction" Is Subject to Limitations

The English High Court in UK Acorn Finance Limited v Markel (UK) Limited ruled that a contractual clause requiring something to be established “to [the Defendant’s] satisfaction” required the Defendant to act “rationally” in...more

COVID-19 and Duties of Good Faith Under English law

As part of its response to the COVID-19 pandemic, the UK government on 7 May 2020 issued guidance “strongly encouraging” contractual parties to “act responsibly and fairly in the national interest in performing and enforcing...more

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