The Downside Risk of Samples Essay on Freedom of Speech Should Be Given or Not That No One Is Talking About

The Downside Risk of Samples Essay on Freedom of Speech Should Be Given or Not That No One Is Talking About For instance, the Congress cannot make a rule prohibiting certain forms of speech, but an individual may. Despite what most might think, there are lots of ways to structure a thriving speech. In some instances it may actually want a reversal of key. Don't copy one or more of these examples! What Samples Essay on Freedom of Speech Should Be Given or Not Is - and What it Is Not For instance, if your speech is addressing a historical subject, utilize a chronological strategy. Pragmatism thus amount just to the recognition that the true world is complex and that a whole lot of distinct principles may point in various directions in regards to any specific circumstance. The modern idea of speech isn't restricted to speaking or writing. The real-world application of principal doesn't necessarily yield the appropriate outcome, because when it has to do with oppression, inte ntion doesn't matterresults do. In addition, you can remain in your property provided that you desire. Music is then going to be fully understood as a way to support this departure. It was not till my car ride home down long street which I realized Warwick will stay part of me. Stay focused on your objectives, but in addition on your life. Buying VS Renting Buying a house versus renting is a big choice in a persons life and should be cautiously considered. Blogging online is just one of the few places left where we still have the liberty of speech. Begin your blog at no cost and learn how on my site. Live everyday like it's your last. As expected, not everybody approves. Everything will get far better. This is among the hardest things I have ever written. You're able to locate a solitary spot to express your emotions, although it can be difficult at first, you've too. Instead, it is a mixture of the preparation that you put into a speech and the knowledge of what con stitutes effective communication that will set your fears in the rear seat. An inner awareness of harmony and spiritual depth is subsequently recognized within music. If you realize that you are developing new relationships the very same or similar to past ones, you're in a cycle. The Upside to Samples Essay on Freedom of Speech Should Be Given or Not As the nation is becoming more and more diverse, new viewpoints ought to be welcomed, in addition to listened to in order to permit the country to evolve. That organisation has done some considerable work to improve the dignity of gay individuals, but surely the Government aren't bound to accept its whole agenda. India is among the countries full of nuclear power. Strikes broke out all around the nation. Life, Death and Samples Essay on Freedom of Speech Should Be Given or Not Elaborate guide on how best to begin an essay After an instructor assigns an essay, among the very first questions that students ask is the best way to begin their essays. Chemistry is a subject which, basically, supplies you with useful information concerning the different substances or forms of materials which compose the physical world around us and the way in which they behave or react with one another. I used to not want the guidance that lots of students at other schools need. Learn what the teachers are teaching your son or daughter by heading to their classes. Vital Pieces of Samples Essay on Freedom of Speech Should Be Given or Not At the exact same time, it is but one of the most abused rights by Americans. Put simply, while the government couldn't prohibit protesting the Vietnam War, it may punish this system of protest which served to curtail the performance of the draft. Security is essential to be able to safeguard a community. Furthermore, a compelling government interest isn't one that is merely furthered by means of a restriction on speech. Because folks are absolutely free to express their opinions, much disagreement has developed over time. From such statistics, an individual could be quick to conclude that African men have an inclination towards criminal activity. A good deal of individuals are anti-Semitic, anti-Muslim, anti-gay marriage, etc. From this 1 creed, men have committed several atrocities. The second argument is quite odd. Every second is valued the exact same and should not be wasted. I would like to just say that there isn't anything wrong if you answered Yes'' to all the questions mentioned previously. The answer, naturally, is none. We are going to perform a lot of 60s songs and that will produce the period. Millions of people may lose their livelihood because of this. Our celebration wouldn't be complete without your presence. Generally proof of employment, income and a good credit history (or an excellent explanation) is required to rent a house. So basically, you don't have to be worried about a landlord's fiscal ability to generate mortgage paymen ts punctually. For the brief term renting makes more financial sense since it takes a number of years at least to compose the initial upfront price of purchasing. Many of which you'll have to discover or fish out through your very own due diligence.

Is The Canadian Charter Of Rights And Freedoms Perfect

Is the Canadian Charter of Rights and Freedoms Perfect? Introduction The Canadian Charter of Rights and Freedoms is without a doubt one of Canada’s most important section entrenched in the Canadian Constitution. The Charter of Rights and Freedoms is a bill of rights enacted into the Canadian Constitution as part of the Canada Act in 1982. However, the Charter was Canada’s second attempt to protect the rights and freedoms of its citizens all throughout the country and on every level of government. The Canadian Bill of Rights, which preceded the Charter was enacted in 1960. However, being only a federal statute rather than a full constitutional document, it had no power and application to provincial laws. In addition, the Supreme Court of Canada only narrowly interpreted the Bill of Rights, therefore rarely unlawful laws were declared inoperative and continued to exist. As a result, the ineffectiveness of the Bill of Rights led to many movements to improve the protection of rights and freedoms in Canada. However, similar to its predecesso r, the Charter is not without faults, and loopholes. In some cases, it has even infringed upon certain liberties and democratic rights and freedoms. In other cases, the Charter has incited conflicts between liberty and democracy and raised questions that speculate whether it is truly democratic. Liberty vs. Democracy in the Charter One of the most notable effects of adopting the Charter is that it greatly expanded the scope of judicialShow MoreRelatedThe Canadian Charter Of Rights And Freedoms1613 Words   |  7 Pages The Canadian Charter of Rights and Freedoms simply referred to as the â€Å"Charter†, is a significant document in regards to the Canadian constitution. Its primary aim is to uphold individual rights and freedoms and promote equality in administering justice. However, its passage in 1982 has led to increased controversies given that the Charter gives courts more power in interpreting its provisions while sidelining the legislature (Boyd 118). This means that the advent of this Charter was the end ofRead MoreThe Inclusion of the Notwithstanding Clause in the Canadian Charter of Rights and Freedoms1299 Words   |  6 PagesThe Inclusion of the Notwithstanding Clause in the Canadian Charter of Rights and Freedoms The inclusion of the Notwithstanding Clause in the Canadian Charter of Rights and Freedoms was an invaluable contribution in the evolution of the liberal democratic state. Not an endpoint, to be sure, but a significant progression in the rights protection dynamic. Subsequent to its passage in 1982 it became the primary rights protecting mechanism, however, its raison d`etre was as a neccessary concessionRead MoreResidential Schools898 Words   |  4 Pages1870s and 1996 exposes numerous human rights and civil liberties violations of individuals by the government. This case study involves both de jure discrimination and de facto discrimination experienced by Aboriginals based on their culture. The Canadian Charter of Rights and Freedoms specifically protects Aboriginal rights under section 25 and section 15 declares that, â€Å"Every individual is equal before and under the law† (Sharpe Roach, 2009, p. 307). Human rights and civil liberties of AboriginalRead MoreTremblay V. D aigle s A Baby After A 5 Month Sexual Relationship1788 Words   |  8 Pageschild in mid July 1989. As a result, he was granted an injunction as the fetus is considered a living person and has the â€Å"Right to life†under Section 1 of the Quebec Charter of Rights and Freedoms. Daigle responded with an appeal to the Quebec Court of Appeal, however they also agreed to the Superior Court s decision that the fetus has the â€Å"Right to life† under the Quebec Charter. Daigle then appealed the injunction to the Supreme Court of Canada in August 1989 over the abortion issue of her childRead MoreThe Canadian System of Goverment863 Words   |  4 Pagesparticipate in the process of creating legislation and policy, and freely agree to conform to them and share moral consequences† (Shoughi 3), and yet it can be argued that a wide percentage of citizens are unengaged and consequently negatively impact this â€Å"perfect† picture of democracy in Canada. In practic e, there is nothing forcing citizens to be well advised on national politics, nor is there a penalty for not voting in elections. Without this commitment from all citizens, how can Canada be considered aRead MoreCanada Public Policy Essay1665 Words   |  7 Pagesimpact how public policy affects Canadians. However, an unexpected political actor shapes Canadian law in a more extrinsic and all-encompassing way and acts as a sort of â€Å"unofficial† policy maker in government despite its role in the judicial court system: The Supreme Court of Canada. The Supreme Court of Canada is a public policy maker because it has the ability to extend the parameters of a law (to some degree), redact a law, and restrict the abilities of other Canadian policymakers. According to HeinmillerRead MoreThe Barrier Free Designs Should Not Only Aid1471 Words   |  6 Pagesresponsible by law, legislations, and policies enforced by the Canadian government. UFV is required to follow certain given gu idelines in order to preserve the â€Å"BC Human Rights Code† and the â€Å"Canadian Charter of Rights and Freedoms†. The â€Å"Canadian Charter of Rights and Freedoms† states the equality and rights of every individual, including physically challenged citizens. In order to follow this charter, one must practice the â€Å"BC Human Rights Code†. The use of this code is for protecting British Columbia’sRead MoreThe Issue Of Sex Work1715 Words   |  7 Pagesextremely opinionated when it comes to this topic. Nevertheless, when disregarding different beliefs and moral arguments, every human being has the right to voice out their opinions and have their human rights respected in Canada. Therefore, Bedford’s case focuses on the Courts and whether Canadian laws follow the Constitution and protect human rights of those engaging in sex work. There are four main components in the Criminal Code that is related to prostitution. These include Section 21 0, whichRead MoreWhat Is Canadas Ranking2000 Words   |  8 Pageshas ranked Canada in second place in its 2017 Best Countries Report. According to a Global News article, â€Å"Canada named second best country in the world†¦again† In the article, Switzerland has beaten out Canada for the number one ranking, scoring a perfect 10 while Canada took a 9.7 in overall score. This survey conducted after the US election looked at over 80 countries in a variety of different categories, including economic influence, citizenship and the quality of life. It is partially true thatRead MoreCapital Punishment Should Be Abolished1955 Words   |  8 Pages7 of the Canadian Charter of Rights and Freedom, it goes against the teachings of the church, and it creates the possibility for someone to be wrongfully executed. On June 26th, 1976, the Canadian Government, under the leadership of Prime Minister Pierre Trudeau, abolished capital punishment across the nation (12). From 1749 to 1976, over 1,481 people had been sentenced to death, and out of that number, a staggering 710 were executed (2). From 1960 to 1982, the Canadian Bill of Rights contained

Cooper Industries Corporate Strategy free essay sample

Cooper industries’ is a broad company that strongly uses MA strategy of diversification. But diversification for Cooper doesn’t mean just ‘adding, adding and more adding’. Division managers seek for ‘complementary acquisition’ defined as logical extensions of Cooper’s existing products or markets; furthermore they keep examining what they have, not being afraid to get rid of companies that have served their useful time; this process was defined as ‘cooperization’. Then, after each acquisition the interneal structure was modified, if necessary. But why diversify? Everything started from the cyclical downturn suffered from Cooper in 1958, this experience had a deep impact on the company, that at the time was still a small engines maker. They felt there was the need to diversify and not to limit their-self; several guidelines drive Coper’s acquisitions: they pursue only companies that exhibit stable earnings or with earnings countercycljcal to the oil and gas transmission industry; have proven manufacturing operations; use well- known technologies, serve a broad customer base and are market leaders. We will write a custom essay sample on Cooper Industries Corporate Strategy or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page In addition they decided to concentrate on the hand tools market, that with its few fluctuation will help leveling Cooper’s cyclical revenues even more. Part of the company’s strategy is the fact that Cooper targeted 40% as a desirable debt- total capital ratio ,and preferred to finance expansion with cash or convertible preferred stock ‘cash flow is king’ was the motto. Strong cash flow will help Cooper to aggressively pursue its acquisition program. Cooper industries’ in my opinion is a very good company, creating value with a strong corporate policy and organization, difficult to find in other entities. Cooper exercise central control over corporate policy but delegate day to day operating decisions to the operating units; and gives each division manager the responsibility of its division, not allowing them to interfere between each other. Business units performances are measured following defined metrics, the staff is valuable and well prepared, and everyone is rewarded using an appropriate compensation system. With its Management Developing Planning system the company is able to align all the business units in three business segments, even though this system is ‘extremely time consuming’ and ‘so much work’ i think is the best way to ‘keep together’ the different segments (electrical and electronics, commercial and industrial, compression, drilling and energy equipments). About the acquisitions of Champion and Cameron, both companies would give Cooper good opportunities, and following the guidelines for acquisitions seems that both companies fit in the group. If i can base my considerations on the successful history of Cooper’s acquisitions, i would suggest him to acquire both, without worrying that their debt to total capitalization ratio would be around 60%. Champion has a strong brand name, is compatible with the electrical and electronic product line, and acquiring Champion, Cooper will have the possibility to expand overseas, the main problems are that Champion have poor management, old technologies and more relevant has little growth over the past years. But in my opinion they can be seen as opportunities to exploit, the company in the hands of Cooper can grow. Cameron would expand the Cooper’s Compression and Energy Business Center, the company is not much mentioned in the case and financial data are not available. They are a iron works, that is a raw material that can be very useful across Cooper industries’. Seems that the more ‘problematic’ acquisition would be Champions, it needs several readjustments to fit in the organization for example they should improve the management, study the products and see what’s selling and what not and improve the 1950s technology. Would be a hard work but i think there is a lot to gain. As i said before my suggestion is to acquire both Champion and Cameron. Being the two companies in two different segments, the ‘Cooperization’ will be handle by two different EVPs, so will be easier to manage the process, furthermore they can use the profits from Cameron to offset the price of the Champions acquisition. If that’s not possible i would prefer ‘Cooperize’ Cameron, that with little adjustments will become valuable and useful to the whole group; and maybe then they could seek for another less problematic company than Champion which operate in automotive industy. If we wanna see some limits in the Cooper industries these could be: first of all the the over dependance from the US market, secondly the extreme Cooper’s ‘cash consciousness’ which can be seen is some sense, as an obstacle when this policy could preclude some valuable acquisitions, and finally having them a large number of rules to follow for new acquisitions, they could loose some opportunities.

The scope of the doctrine and remedies for frustration of contract in English law Essay Example

The scope of the doctrine and remedies for frustration of contract in English law Paper The courts have interpreted the scope of the doctrine of frustration narrowly, in accordance with the principle pacta sunt servanda agreements must be kept. If the courts readily held that a contract was frustrated, it would cast significant doubt on an array of agreements that make commerical enterprise possible. As Lord Radcliffe advised in Davis Contractors Ltd v Fareham UDC, [f]rustration is not to be lightly invoked as the dissolvent of a contract.i This discussion will first examine the underlying reasons for the narrowness of the doctrine before considering the specific limitations. Here it will be argued that in some instances the courts decisions have been inconsistent and in others they have been unduly harsh. The following part of the discussion will examine the remedies available to parties of a frustrated contract, as found under the Law Reform (Frustrated Contracts) Act 1943. The deficiencies in the statute will be explored, amongst them ambiguity, which has led to the rare use of the Act. Instead, parties have opted to draft out the Act and include provisional clauses of their own. These force majeure and hardship clauses provide for a solution if a supervening event occurs which makes it impossible or more onerous for one party to perform. With the unsatisfactory state of the law governing frustration, it will be posited that these clauses are vital to retain an element of certainty in commercial contracting. We will write a custom essay sample on The scope of the doctrine and remedies for frustration of contract in English law specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on The scope of the doctrine and remedies for frustration of contract in English law specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on The scope of the doctrine and remedies for frustration of contract in English law specifically for you FOR ONLY $16.38 $13.9/page Hire Writer The scope of the doctrine of frustration Contract law is founded on the principle that liablity for non-performance is strict. While this seems particularly severe, it is substantiated with the belief that parties receive valuable consideration for taking risks. The allocation of risks provides a major function of the law of contract: it enables individuals and corporations to plan for the future with a moderate degree of certainty and hence to maximise their freedom of action.ii A contract can only be frustrated when performance becomes impossible, or a supervening event takes place that would make performance radically different to that which was contracted to by the parties. If frustration is sufficiently pled, its result is to bring the contract to an end. Given this drastic outcome, the courts have interpreted the scope of the doctrine narrowly in order to preserve the sanctity of contract.iii Paradine v Jane is most frequently cited to demonstrate this: When a party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.iv Furthermore, if a party feels that they would be unable to perform if a supervening event occurs, they should provide for it in the contract. Many supervening events that can impede performance are foreseeable and parties should construct their contracts accordingly. There are several circumstances that may qualify for discharging the contract on grounds of frustration. These include the subject matter of the contract being destroyed; illness or incapacity of a contracting party; the non-occurrence of an event that formed the foundation of the contract; supervening illegality.v It is certainly not a rule that these circumstances will frustrate a contract. As Lord Sumner stated in Bank Line Ltd v Arthur Capel and Co, ultimately the frustration of an adventure depends on the facts of each case.vi There are three main limitations to the doctrine. Firstly, if there are provisions in the contract that provide for a solution if an event occurs, then an argument based on frustration is unlikely to be entertained as the parties have already provided for the occurrence.vii Secondly, if the event is foreseeable, the parties are unable to avail of the doctrine of frustration. In Amalgamated Investment and Property Co Ltd v John Walker Sons Ltdviii the claimants sought to set aside a contract for sale of a property, when they found that a day after they had signed the contract, the property became listed and could not be redeveloped. This reduced the value of the property by approximately 90%. The court held that the contract was not frustrated because the claimants were aware of the risk, as evidenced by a pre-contract enquiry as to whether the building could be listed. The supervening event did not fulfill the test set by Lord Radcliffe in Davis Contractors Ltd v Fareham UDCix it did not render [the performance] a thing radically different from that which was undertaken by the contract.x In Krell v Henryxi Vaughan Williams LJ expressed the foreseeability test in terms of whether the event was anticipated or not. Despite the logic of this proposition, it has not been without challenge. In The Eugenia, Lord Denning stated that: It has frequently been said that the doctrine of frustration only applies when the new situation is unforeseen or unexpected or uncontemplated, as if that were an essential feature. But it is not so.xii In stating this, Lord Denning relied upon the judgement in WJ Tatem Ltd v Gamboaxiii where a charterparty was held to be frustrated, even though it was foreseeable that the ship would be seized. It is difficult to reconcile these judgements with previous ones that have been decided, and it is indeterminable as to how future courts will rule on this test. A third limitation on the doctrine of frustration is if the event is self-induced. In Taylor v Caldwell, Blackburn J stated that frustration applied where performance had become impossible without default of the contractor.xiv The way in which the courts have interpreted a self-induced event is not free of controversy. In J Lauritzen AIS v Wijsmuller BV The Super Servant Two Bingham LJ stated that frustration had to arise from some outside event.xv In this case, the defendant contracted to transport an oil rig with either the Super Servant One or the Super Servant Two carrier. The defendant intended to use the latter, but it sank, and the Super Servant One had been allocated to other contracts. The Court of Appeal held that the contract was not brought to an end because of the sinking of Super Servant Two, but because of the defendants election not to use Super Servant One, therefore the contract was not frustrated. Treitel has criticized the reasoning of this judgement on the grounds that after the loss of the ship, it became impossible for the defendants to perform all its contracts during the period in question with only one operable carrier. Treitel further argues that in such a circumstance, where a party has entered into a number of contracts with other parties, and a supervening event does not permit him to satsify all those contracts, he can, provided he acts reasonably, elect to perform some of the contracts, and claim that the others have been frustrated by the event.xvi This argument certainly has merit and would lead to a far more just result than that decided by the court. The Law Reform (Frustrated Contracts) Act 1943 In cases where a contract was frustrated, the common law was ill-equipped to provide a remedy. This lead to unjust decisions, such as Chandler v Websterxvii where a contract was frustrated but the aggrieved party was still liable to pay. The rights of the parties were determined solely on when the obligation to pay arose before or after the frustrating event. If they arose before, then there was still an obligation to pay, regardless of whether there had been a total failure of consideration. In 1943, the Law Reform (Frustrated Contracts) Act [hereinafter the Act] was passed primarily to resolve this situation.xviii Shortly before the enactment of the Act, the House of Lords reversed Chandler in the case of Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd.xix Money paid before the event was recoverable when there was a total failure of consideration. This was an improvement in the state of the common law, but it was still not satisfactory as it did not allow the payer to recover money where there was only a partial failure of consideration, and furthermore, the payee could not set off expenses that he legitimately incurred. Under s.1(2) of the Act, money paid before the frustrating event is recoverable and money payable before the event ceases to be payable, subject to legitimate expenses incurred before the event. Section 1(3) further provides that if one party has derived a valuable benefit from anything done by the other party, then the judge may order that party to pay a sum in respect of it. In BP v Hunt, Goff J stated that the fundamental principle underlying the Act itself is prevention of the unjust enrichment of either party to the contract at the others expense and its purpose was not to apportion the loss between the parties.xx As McKendrick points out, this interpretation is not without challenge, and an alternative analysis is that the Act is designed to provide a flexible machinery for the adjustment of loss.xxi The purpose of the Act is therefore still in doubt. There are more specific criticisms levelled by McKendrick.xxii Whilst they cannot all be addressed here, it is important to identify the primary difficulties. Firstly, s.1(2) does not cover money paid after the event; the payor would have to resolve this at common law where there is little respite. Secondly, it is difficult to ascertain how loss will be calculated between the parties. If the payor has given the payee à ¯Ã‚ ¿Ã‚ ½20,000 which has been expended in performance of the contract, how much can the payee retain? McKendrick states that the subsection is not well drafted and that inadequate consideration has been given to the apportionment of any losses.xxiii Section 1(3) is the most controversial part of the Act and was critical in the case of BP v Hunt. The word benefit has been given an unnatural and artificial meaning, and the way in which Goff J resolved the matter in BP can lead to less desirable results. The value of the benefit and the just sum to be awarded is totally left to the discretion of the trial judge, which is liable to lead to inconsistency in the future.xxiv Ultimately this creates further uncertainty and ambiguity, making it difficult for parties to determine their actual remedies under the Act. Force majeure clauses As the law currently stands, it is uncertain as to whether the courts will discharge a contract on the ground of frustration due to a supervening event, and if they do, the remedial position of the parties is entirely unclear. Parties can reduce this uncertainty by agreeing on a list of events beforehand which constitute force majeure. Parties can also widen the parameters of these clauses beyond the scope that the courts would ordinarily allow. For instance, price fluctuations would not ordinarly be held to frustrate a contract in the courts, whereas parties can state in their contract that it will constitute a force majeure event. The importance of force majeure clauses cannot be overstated in the drafting of commercial contracts. In Bremer Handelsgesellschaft mbH v Vanden Avenne-Izegem PVBA,xxv Mocatta J believed that there was much to be said for Counsels submission that there was no room for the doctrine of frustration to apply when elaborate provisions, by way of force majeure clauses, were in place. During uncertain economic times, businesses will try to rely on the doctrine of frustration and force majeure clauses inserted into their contracts that provide for such events. This was the case in the wake of the terrorist attacks in the US in 2001, when businesses sought to discharge their contractual obligations through reliance on force majeure clauses.xxvi However, they will only be successful if their provision has the clear intention of resolving the consequences that arise out of the supervening event. If a provisional clause is not drafted to properly account for the event, the court will not give it affect. In Thames Valley Power Ltd v. Total Gas Power Ltd xxvii the defendants entered into a 15-year contract with the claimant for the supply of gas, which contained a force majeure clause. In July 2005, due to the sharp increase in gas prices, the defendants informed the claimants that this constituted a force majeure event and they would be unable to supply the gas until the prices fell. The claimants argued that the increase in prices did not fall into the scope of force majeure, and the event had not rendered performance impossible; it merely made it less profitable. In his judgement, Clarke J ruled that the force majeure clause which the defendants relied upon did not sufficiently cover the increase in gas prices. He cited another force majeure case, Tennants Lancashire Limited v Wilson CS Co Ltd, where Lord Loreburn observed that: The argument that a man can be excused from performance of his contract when it becomes commercially impossible seems to me to be a dangerous contention which ought not to be admitted unless the parties plainly contracted to that effect.xxviii In order to make sure that every event is covered under force majeure, some parties draft the clauses in very general terms. However, the courts will not necessarily interpret a force majeure clause to cover every event, despite the wording of the contract. In Metropolitan Water Board v Dick Kerr Coxxix a contract to build a reservoir in six years contained a provision that allowed for an extension in the event of time delays, whatsoever and howsoever occasioned. The courts interpreted this to mean that it gave the builder a period of grace for non-frustrating delays. It did not cover the actual event government intervention in WWI which required him to halt work and sell his construction plant. Hence the builders plea of frustration was successful. Therefore, force majeure clauses can be seen to cover events that have the possibility of resolution within a short period of time, but obviously cannot cover an event that renders performance impossible. When the court rules that a contract is frustrated, it is terminated. As Treitel notes, this inflexibility leads to all or nothing solutions,xxx which is often not what the parties want. Provisional clauses therefore have the further benefit of allowing the parties to stipulate a modification to the contract, allowing for extra time or for an alternative mode of performance at an additional cost. Conclusion The effect of a supervening event is to throw a contract off course. Rather than mitigate the ensuing uncertainty that is caused, the law in its current state creates further ambiguity. The indefinite wording of the 1943 Act creates further uncertainty when it comes to the remedial standpoint of the parties. As McKendrick observes, it is perhaps fortunate that a frustrated contract is a comparative rarity in commercial practice and so the deficiencies in the Act [] rarely come to light.xxxi In light of this, force majeure and hardship clauses provide for a degree of certainty and flexibility in commercial contracting. Not only can parties make provisions for what constitutes a force majeure event, but they can stipulate the consequences of such an event. With contracting parties realising these benefits, it is common for even small businesses to incorporate provisional clauses into their agreements. However, contracting parties must be diligent in drafting these clauses so that they sufficiently account for the supervening event, otherwise they may find that they are still subject to the courts determination and the uncertainty that ensues.