... be avoided as if parties are able to predict an out come, there will be limited achievements gained from litigation. However, if litigation is necessary, the principle of certainty allows the law of commerce to be applied in a predictable manner ensuring disputes are dealt with speedily. The concept of risk however, can be defined as the uncertainty in a contract where either party may be responsible for bearing the loss resulting from frustration or breach of contract. If the contract is fundamentally based on the degree of certainty in the transaction the concept of risk will be considerably lessened. The notion of certainty and risk therefore adversely balance both sides of the equation. Through the depiction of the evolution of commercial law from previously decided cases this essay will demonstrate the response to certainty by the English courts and it's relevance in concurrence with risk allocation. Developments to English commercial ...

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