Chapter 194 – Act of god

“We must continue all essential work and put all non-essential work on hold.”, I said to my assembled team.

I turn to Charles, our recently appointed Lawyer, “How can we excuse ourselves from our contractual commitments?”

Charles finished top of his class at Edinburgh Law School, “There is a new legal term, which recently entered English civil courts, where the Judge ruled ‘a condition is implied that the impossibility of performance arising from the perishing of the person or thing shall excuse the performance.’ Unfortunately, Scots’ Law doesn’t recognise this term.”

My heart sinks. We will contractually fail our customers, lose essential revenue, and consequently, our customers will sue us for damages.

Every Lawyer has a showman capability, captivating a courtroom and create compelling drama, “However, when I started, I realised this ‘Force Majeure’ clause was missing from our contracts. As long as it is defined, then it is recognised by our Courts.”

“And did we include it?”

“Over the last three months, Robert and I agreed all the necessary variations.”, said Charles, bowing to the gathered staff, “I am very persuasive.”

I shake Charles’ hand vigorously, “Draft letters immediately.”

“They were dispatched at two o’clock today.”, said Charles.

“But how did you know?” I asked with surprise.

“Because I told him too.”, said a recognisable female voice behind me.

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