CPLC Work in Progress Seminar: 'Ralli Bros Revisited'

Speaker: Mr William Day, University of Cambridge

There has always been considerable uncertainty about the scope and nature of the rule by which contractual performance is excused if illegal in the place of performance even though performance would not be illegal by the contract’s governing law. This paper revisits the so-called ‘Ralli Bros rule’ and looks at how its scope has been developed and mis-understood. Seen in the aftermath of Ralli Bros as a choice of law rule, the dominant view now is that it is part of the contractual doctrine of frustration. This paper argues that Ralli Bros is in fact better understood as a rule of public policy based on comity, and explains its continuing relevance notwithstanding the Rome I Regulation.

This seminar is open to all LLM, MCL and PhD students, Faculty members and Faculty visitors.