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This study aims to investigate the legal consequences of the use of force majeure (FM) clause in a contract related to the prospect of business sustainability. In addition, this paper also examines the legal risk perspective toward the interpretation of FM clauses in contracts that incorporate the coronavirus disease 2019 (COVID-19) pandemic situation.

The research design in this paper uses the normative juridical method, which means that it is carried out with library research on secondary data in the field of law, in the form of primary and secondary legal materials and tertiary legal materials. Primary legal materials are in the form of regulations relating to the variable topics of this paper, namely, FM, COVID-19, contracts and legal risk management (LRM).

The study found that studies of FM are still limited in terms of the aspects of contract sustainability, and none has reviewed them using the LRM paradigm.

Given the fact that this pandemic is still ongoing and uncertain, the extent to which the broadening of the interpretation of FM in the contract by the parties and how much the designs offered above can help the parties, will greatly depend on the commitment of the parties. However, if the orientation is to maintain a long-term business relationship, it still fulfills the essence of a win–win solution that will greatly assist the parties in determining the continuity of the contract.

The results of this study are expected to provide benefit to the parties in an agreement affected by the COVID-19 outbreak and by regulators who wish to provide a legal basis in contract law.

Long-term business relationships will create sound, peaceful and conducive environment for modern business. This kind of situation will sustain the business as expected.

This study concludes that the interpretation of FM can be extended to accommodate the interests of the parties to the contract by considering several principles in contract law and other relevant clauses. In addition, this study also produced four essential designs for LRM oriented to long-term business relationships in a win–win solution.

The aim of this paper is to pursue three objectives: to assess the extent to which theoretical concepts and corporate practice are reflecting the contract’s risk management dimensions; to identify ways to make full usage of the contract’s risk dimensions for risk management purposes; to overcome the isolation of the contract caused by its perception as a legal instrument by integrating its handling into the overall corporate management processes.

Literature is analyzed regarding the contract’s roles as a source of risk and as a risk management device. Based on the relevant findings, it uses the Contractual Management Model to develop a concept that integrates all contract-related risk management processes in an enterprise.

The paper redefines the term “contract risk” in the light of modern understanding of contract functions and contract purposes. It shows that only Contractual Risk Management theory takes the management capacity of the contract fully into account. A Contractual Risk Management process is suggested which integrates all contract-related corporate management processes and aligns them to the requirements of transaction risk management and enterprise risk management.

The paper may guide executives to optimize corporate risk management processes through a better understanding of the risk potential of contract and of its risk management capacity. It provides a checklist of redefined contract risks as well as a concept that, for the first time, is aligning all contract-related management processes to support the corporate risk management system.

Work-integrated learning (WIL) poses legal, reputation, operational, strategic and financial risks for higher education providers (HEPs). The purpose of this paper is to explore how HEPs can manage five significant WIL risks involving intellectual property, student disability and medical conditions, the host organisation and the legal literacy of WIL practitioners.

This paper is a cross-institutional collaboration of WIL practitioners who explored risk management in WIL programmes. The case study is presented as a cross-case analysis to assist WIL stakeholders with evaluating their risk management frameworks. A description about the significance of the risk (in terms of causes and consequences), as well as practices to manage the risk, is presented under each of the five WIL risks.

WIL practitioners described a series of risk management practices in response to five significant risks in WIL programmes. Four themes underpinning these risk management practices – balance, collaboration, relationship management and resources – are conceptualised as characteristics that can serve as guiding principles for WIL stakeholders in risk management.

The findings can be applied by WIL stakeholders to evaluate and improve existing risk management frameworks, and to improve their legal literacy in relation to WIL. The study also demonstrates the capacity for collaborative research to address practice issues in WIL.

This is the first known study which employs a cross-institutional collaboration of WIL practitioners to contribute towards the body of knowledge examining risk management in WIL programmes.

There has been a mounting interest in building information modelling (BIM) in the construction industry sector worldwide due to its perceived benefits. However, reliance on information technology is associated with risks. The purpose of this paper is to offer a better understanding of the emerging contractual and legal risks, which might influence the successful adoption of BIM, in order to facilitate the successful implementation of BIM in the construction industry.

The risks used in the study were documented from the literature, and primary data were collected by a questionnaire survey. The analysis of the results was driven by univariate and inferential statistics (Analysis of Variance) to identify the emerging contractual and legal risks.

The findings showed that there were little significant differences in the mean rating of the occurrence of contractual and legal risks between the respondents. The study confirmed that emerging risks are likely to be related to BIM documentations, intellectual rights and liability, missing data and misplaced assumptions among project stakeholders. The results showed that BIM success depends on close collaboration, at the outset of the project, with the client, designers, contractors and consultants.

The findings suggest that contract documents and contract agreements may need to be created in accordance with the identified risks, so that the questions of contractual and legal responsibilities are appropriately defined and allocated among the participants.

Important legal and contractual risks have been identified in the application of BIM. It renders a new understanding of the risks that might influence the successful adoption of BIM.

Despite the huge capital outlay in tertiary education building projects (TEBP), these projects undoubtedly failed in meeting the set objectives of cost, time and quality, among others. Therefore, rather than the impacts of risks on the overall project performance, which is common in the construction management literature, the purpose of this study is to assess the impacts of risk factors on the criteria for measuring the success of public TEBP.

The paper adopted a quantitative research method where the data collection was via a questionnaire survey. The researcher administered 452 questionnaires to the client representatives, consultants and contractors involved in building projects across five public tertiary education institutions in Ondo State, Nigeria. Of 452 questionnaires, 279 were retrieved and suitable for the analysis, translating to a 61.73% response rate. The reliability analysis of the research instrument showed 0.965 and 0.807, via Cronbach’s alpha test, indicating high reliability of the instrument used for data collection.

The study found different risk factors affecting the criteria for measuring the success of TEBP. For instance, the environmental risk factor significantly impacted completion to cost, while financial and political risk factors significantly impacted completion to time. In addition, while environmental, legal and management risks significantly impacted end-user satisfaction, safety performance was significantly impacted by logistic, legal, design, construction, political and management risks. Besides, the logistic, legal, design, construction, financial, political and management risk factors impacted profit. However, despite profit being one of the criteria for measuring the success of building projects, it recorded the highest risk impacts amounting to 41% variance.

The findings are limited to the public tertiary education building projects procured via competitive tendering; therefore, the results might differ when considering other procurement methods.

The practical implication is that rather than focusing on all risk factors, the project stakeholders could give adequate attention to the significant risk factors impacting each of the parameters for measuring the success of education building projects.

The study revealed specific risk factors impacting the criteria for measuring the success of TEBP, which extend beyond the use of the overall project performance approach.

In this chapter, I present the development of enterprise risk management (ERM) in Poland from the policy and the organizational point of view. I examine the impact of ERM research on practice, and the professionalization of ERM, being facilitated by professional bodies and associations, and promoted by the evolvement of principles and practices. At the organizational level, I analyse and present the effects of laws and regulations on ERMs development, the advantages and disadvantages of decentralized corporate governance. While Poland is considered to be behind other European countries in leveraging the value creation aspects of ERM, I see evidence at the individual firm level that organizations in different industries are actively working with their version of ERM to realize organizational benefits, and that certain dimensions of integration can still be reached even in the absence of some of the formalized structural components of ERM to create value for the firm.

In recent years there has been a significant increase in the involvement of Australian schools with various aspects of the law and this has led to a number of claims that education has become legalised. A major consequence of this development is the need for principals to have a level of legal literacy sufficient to identify when a legal problem is developing in their school. Moreover, given the increased involvement of schools with the law, there would seem to be a need for principals to introduce preventive legal risk management strategies into school policies and practices. However, to implement such programmes, principals require a sound knowledge of those aspects of the law that they are required to manage. A recent study of some 300 principals from government schools in Queensland raises serious questions, however, regarding the level of principals’ professional knowledge of the law. This paper examines the concept of the legalisation of education and the extent to which school principals’ professional knowledge is adequate to meet the demands the law is making of them.

This study aims to investigate the extent of Shariah compliance in wakalah sukuk and Shariah non-compliant risk disclosure in the sukuk documents and to analyse the risk management techniques associated with the disclosed risks.

This study uses qualitative document analysis as both data collection and analysis methods. The document analysis acts as a data collection method for 23 wakalah sukuk documents selected from 32 issuances of wakalah sukuk from 2017 to 2021. These sukuk documents were selected based on their availability from relevant websites. Document analysis, both content analysis and thematic analysis, were used to analyse the data. Codes were grounded from that data through keywords search of Shariah noncompliant risk and its risk management. Besides these, interviews were also conducted with four active industry players, i.e. two legal advisors of wakalah sukuk, a wakalah sukuk trustee and a sukuk institutional issuer. These interview data were analysed based on categorical themes, on the aspects of the extent of Shariah compliance in sukuk, and the participant’s views on the risk management techniques associated with the risks or used in the sukuk documents.

Overall, the findings reveal three types of Shariah non-compliant risks disclosed in the sukuk documents and seven risk management techniques associated with them. However, the disclosure and the risk management techniques can be considered minimal in contrast to the extent of Shariah compliance in a sukuk, i.e. Shariah compliance at the pre-issuance stage, ongoing stage and post-issuance stage. On top of these, it was also found from the interviews that not all risk management techniques are workable to manage Shariah non-compliant risk in sukuk. As a result, these findings suggest rigorous reviews of the existing Shariah non-compliance risk (SNCR) disclosures and risk management techniques by the relevant parties.

Sukuk documents used in the study are limited to corporate wakalah sukuk issued in Malaysia. Out of 32 issuances from 2015 to 2021, only 23 documents are available in relevant website. Thus, Shariah non-compliant risk disclosure and its risk management techniques analysed in this study are only limited in those documents.

The findings of this study suggest rigorous reviews on the existing Shariah non-compliance disclosures and risk management techniques. Other than these, future research in relation to uncommon risk management clauses, i.e. assurance, Shariah waiver and transfer of risk, are needed.

The insights presented in the analysis are of importance to sukuk issuers and the sukuk due diligence working group in enhancing the sukuk Shariah compliance and Shariah non-compliant risks disclosure and towards sukuk investors, in capturing and assessing Shariah non-compliant risks in a sukuk and to assist them to make informed investment decisions. More importantly, this study has found few areas of future study in relation to SNCR disclosures and SNCR risk management techniques.

To present qualitative data illustrating how some of the largest law enforcement agencies in the USA use risk management in their efforts to control police liability.

To explore this topic, two main data sources were utilized: telephone interviews with 354 law enforcement agencies identified the prevalence of the use of risk management by police agencies; and survey data from police agencies provided descriptive information about the roles, duties, and placement of risk managers within each police organization.

Telephone interviews revealed that 14 of the 354 (0.039 percent) law enforcement agencies identified risk management as one of several tools they use to control police‐related liability within their organizations. This finding is surprising, given the increase in costs associated with settlements/payouts for police‐involved litigation and liability claims over the past few decades.

Future research should identify the reasons why police agencies choose not to use risk management in their police liability management efforts. In addition, future research should explore how the characteristics of city government and/or political culture are associated with the use of risk management by law enforcement agencies.

This paper can serve as a basic resource for police scholars and practitioners, city/county attorneys, risk managers, and various other city/county agents that are interested in learning about risk management as a way to manage police liability.

This paper presents the first national study of risk management in police agencies in the USA.