Commentary on 'The Renegotiation of Contracts'

• Main Author: HUNTER, Howard
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 1998
• Subjects: Commercial Law; Contracts
• Online Access: https://ink.library.smu.edu.sg/sol_research/164; https://ink.library.smu.edu.sg/context/sol_research/article/1163/viewcontent/CommentaryRenegotiationContracts_1998_JCL205.pdf
• Institution: Singapore Management University

Professor John Carter has identified a theme of growing importance in commercial transactions, especially as the number of those that are long in duration and that cross political or cultural lines increases. It is difficult under the best of circumstances ex ante to negotiate for all contingencies in a dynamic economy. Allowing, or requiring, post hoc renegotiations every time there is a change in circumstances could reduce substantially the utility of contract as a risk allocation device that provides some measure of privately ordered certainty unless the use of post hoc renegotiation is carefully circumscribed.