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Notes: Termination Of Employment Contracts And Taking Advantage Of One's Wrong, Andrew B.L. Phang
Notes: Termination Of Employment Contracts And Taking Advantage Of One's Wrong, Andrew B.L. Phang
Research Collection Yong Pung How School Of Law
The recent decision by Mr John Mowbray QC in Micklefield v SAC Technology Ltd brings into focus the thorny problems inherent within, first, the continuing uncertainty surrounding termination of employment contracts and, secondly, the much more general issue as to the status as well as application of the proposition that a contracting party ought not to be allowed to take advantage of his own wrong. There was a third issue taken in the case with regard to the applicability of the Unfair Contract Terms Act 1977 which will be briefly commented upon.
Commentary On Pitfalls Of Force Majeure Clauses, Howard Hunter
Commentary On Pitfalls Of Force Majeure Clauses, Howard Hunter
Research Collection Yong Pung How School Of Law
Professor Yates has covered in considerable detail the major problem areas in the use of force majeure clauses. His work is admirable in its technical details as well as in its use for the practitioner. I wish to add but a few brief comments about 2 chronic difficulties with the enforcement of force majeure clauses. To some extent these difficulties are common to all cases that involve excuse by way of frustration, impossibility, or commercial impracticability. The first has to do with foreseeability and the second has to do with post-excuse remedies. It has become a truism that a force …