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Ralli Brothers: a defence in flux?
A recent case has held that the rule in Ralli Brothers does not apply to unlawfulness arising from court orders rather than legislation or to unlawfulness in places that are not contractually specified but are necessarily involved in contractual performance. These holdings are suggested to be wrong, but they will generate further argument. Another recent case has developed the law on the place of performance of demand instruments.
22 MAY 2026
