Change of Circumstances: CISG, CESL, and a Case from Scotland

Research output: Contribution to journalArticlepeer-review

Abstract

Purpose – The purpose of this paper is to present a critical analysis of the concept of 'change of circumstances' as a justification for judicial revision of contracts.

Design/methodology/approach – The study analyses international legal texts on the subject in the light of a decision of the Inner House of the Court of Session in Scotland, Lloyds TSB Foundation for Scotland v. Lloyds Banking Group plc [2011] CSIH 87 (currently subject to appeal to the UK Supreme Court).

Findings – Whatever the merits of a change of circumstances doctrine, the Lloyds case does not provide a good example for its application.

Research limitations/implications – The scope of a change of circumstances doctrine should be tested by further comparative study.

Originality/value – This is the first consideration of the Lloyds case in an international and comparative context.
Original languageEnglish
Pages (from-to)300-05
Number of pages6
JournalJournal of International Trade Law and Policy
Volume11
DOIs
Publication statusPublished - 2012

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