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Commercial Law Updates

Fiji Law in the time of Covid-19: Commercial Contract Management guidance in a time of uncertainty

Apr 15, 2020 / by Artika Prasad and Seini Tinaikoro posted in Commercial law Fiji, Fiji contract law, Commercial lawyers Fiji, Fiji risk allocation, Fiji commercial lawyers, Employment Law Fiji, Covid19 Fiji, Corona Virus Fiji law, Contract Law Fiji, Force Majeure Fiji

Everyday life has been severely impacted by COVID-19, and even after the pandemic eases or ends we will have to adjust to new ways of conducting ourselves and our businesses. These are likely to include new methodologies to prepare ourselves better to ensure continuity of businesses, and safeguard the livelihoods of employees.

During these testing times, it is easy to overlook important deadlines, legal obligations and those terms and conditions under a contract which continue to run uninterrupted, and the fulfilment of which may be rendered impossible. This commercial law guidance briefly reviews what options may be available under a contract should businesses face difficulty in performing their contractual obligations.

Please note we provide general guidance only regarding commercial contractual obligations in the context of the current pandemic. This guidance does not cover employment contracts as these should be considered separately in accordance with the Employment Relations Act 2007.

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Fiji Construction Law Series: Outline of Common Areas of Risk in Construction Contracts

Apr 13, 2018 / by Atu Siwatibau posted in Fiji commercial law, Commercial law Fiji, Fiji contract law, Construction law Fiji, Commercial lawyers Fiji, Fiji risk allocation, Fiji lawyers, Construction contract checklist

Each construction contract has its own different areas of risk.

In this commercial law update, we consider only the general areas in which risks can arise and need to be managed in a construction contract.

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Fiji Construction Law Series: How Do You Allocate Risk in a Commercial Contract?

Apr 6, 2018 / by Atu Siwatibau posted in Fiji commercial law, Commercial law Fiji, Fiji contract law, Fiji construction contracts, Construction law Fiji, Fiji due diligence, Commercial lawyers Fiji, Fiji freedom of contract, Fiji risk allocation

Risk Allocation

This commercial law update looks at the principles behind efficient risk allocation in a contract and how, a lack of understanding of these principles, might lead to unintended consequences.

Every contract is essentially a sharing or allocation of risk, responsibility, and reward between the parties. It is not sufficient for commercial lawyers to rely on template contracts or checklists because to understand and assist with a commercial transaction requires an understanding of the risks involved. A thorough understanding of risk will assist with the provision of informed legal advice and a contract that may avoid, reduce or fairly allocate risk.

This legal update considers the key questions that arise in terms of the allocation of risk: how should the risks be shared? Is there an efficient way of sharing risk? What considerations should be taken into account when deciding which party should take on which risk in a contract?

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