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

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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

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http://www.emeraldinsight.com/journals.htm?articleid=17051159&show=abstract
Original languageEnglish
Pages (from-to)300-05
Number of pages6
JournalJournal of International Trade Law and Policy
Volume11
DOIs
Publication statusPublished - 2012

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.

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