Podcast: How does a material adverse change clause work in these uncertain times?
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The enforceability of material adverse change clauses (“MAC clauses”) in commercial contracts is an area which has come under increased scrutiny in the wake of the Covid-19 pandemic.
In this podcast, litigation counsel Helen Biggin, and litigation consultant Peter Watson discuss the scope of MAC clauses, what clients need to consider when drafting or seeking to rely upon such clauses in their contracts and the approach taken by the English courts to the interpretation of the MAC clauses.
Cases referred to in the podcast: