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Rights statement: This is an Author's Original Manuscript of an article whose final and definitive form has been published in the Journal of International Trade Law and Policy (2012). DOI: http://dx.doi.org/10.1108/14770021211267397
© MacQueen, H. (2012). Change of Circumstances: CISG, CESL, and a Case from Scotland. Journal of International Trade Law and Policy, 11, 300-05. 10.1108/14770021211267397
Accepted author manuscript, 1 MB, PDF document
| Original language | English |
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| Pages (from-to) | 300-05 |
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| Number of pages | 6 |
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| Journal | Journal of International Trade Law and Policy |
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| Volume | 11 |
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| DOIs | |
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| Publication status | Published - 2012 |
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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.
ID: 4457719
