Contents of Commercial Contracts
Terms Affecting Freedoms
Published on 27. January 2022
Book
Paperback/Softback
486 pages
978-1-5099-4538-2 (ISBN)
Description
Freedom of contract is a great strength of English law: indeed it is a key reason why English law is often the law of choice. But the terms of commercial contracts often restrict freedom of action. This book considers such terms. Leading commentators take stock of recent developments such as increased reliance on good faith/discretion and the rise of smart contracts. Insodoing, they make original contributions to ongoing debates concerning the limits to parties' freedom of contract. This important subject will interest drafters of commercial contracts keen to ensure that contracts are clear and enforceable; litigators disputing the meaning, scope and validity of terms; and academics interested in the purpose and nature of the exercises involved.
Reviews / Votes
This is a book teeming with insights ... Practical, insightful and entertaining, this book will stimulate further discussion of its diverse subject matter. The editors have collated these thought-provoking chapters, each of which invites the reader to revisit and explore long-held assumptions about fundamental principles of contract law. Its value lies not only its application to the issues of contract law in the modern day but so too the challenges that the future will inevitably bring. Who could ask for more? -- JJW Pembroke-Birss * Journal of Contract Law * The contributions on their own are stimulating but, as a body of work, provide a most interesting analysis of current issues facing, not just contract law scholars but also, and importantly, solicitors who draft and deal with contracts on a day-to-day basis ... the breadth of topics included in the book is a great strength, providing a snapshot of some of the most topical and hotly debated areas of contract law at this time. -- Lorna Richardson, University of Edinburgh * Edinburgh Law Review * The book is interesting, relevant and essential to anyone interested in contract law. It will become an indispensable reading to judges, legal scholars and practitioners interested in finding out the extent to which contracts work as devices promoting commitment. * European Review of Contract Law * I very much recommend this book to anyone interested in the study, theory, practice and application of contract law. * Butterworths Journal of International Banking and Financial Law *More details
Series
Language
English
Place of publication
Oxford
United Kingdom
Publishing group
Bloomsbury Publishing PLC
Target group
College/higher education
Dimensions
Height: 232 mm
Width: 152 mm
Thickness: 30 mm
Weight
600 gr
ISBN-13
978-1-5099-4538-2 (9781509945382)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
E-Book
07/2020
1st Edition
Hart Publishing
€66.49
Available for download
E-Book
07/2020
1st Edition
Hart Publishing
€66.49
Available for download
Persons
Paul S Davies is Professor of Law and Magda Raczynska is Associate Professor of Law, both at University College London.
Content
1. Freedom of Contract and Terms Affecting Freedoms
Magda Raczynska and Paul S Davies
2. Binding Our Future Selves
Robert Stevens
3. Anti-Oral Variation Clauses: Rock-Solid or Rocky?
Andrew Burrows
4. Controlling Contractual Interpretation
Richard Calnan
5. Good Faiths and Contract Terms
Magda Raczynska
6. Excluding Good Faith and Restricting Discretion
Paul S Davies
7. The New Override of Bans on Assignment of Receivables
Hugh Beale
8. The Boundaries of a Borrower's Freedom to Act: Negative Covenants in Loan Agreements
Louise Gullifer and Graham Penn
9. 'Ethical Clauses' in Global Value Chain Contracts: Exploring the Limits of Freedom of Contract
Lucinda Miller
10. Smart Contracts
Sarah Green and Adam Sanitt
11. Disproportionate Penalties in Commercial Contracts
William Day
12. Opting for 'Documentary Fundamentalism': Respecting Party Choice for Entire Agreement and Non-Reliance Clauses
Jonathan Morgan
13. Planning for Failure: Contract Design, Ineffective Bargains and Restitution
Niamh Connolly
14. 'All Watched Over by Machines of Loving Grace'? The Inevitable Conflict between Contract Law and Free Speech in Cyberspace
Nicholas J McBride
15. Private Law and Public Concerns: Non-Disclosure Agreements in English Contract Law
Catharine MacMillan
16. Professional Ethics and NDAs: Contracts as Lies and Abuse?
Richard Moorhead
17. Choice of Court and Choice of Law Agreements: Freedom of Freedom of Contract
Alex Mills
18. Illegality in English Arbitration Law after Patel v Mirza
Ugljesa Grusic and Manuel Penades Fons
19. The Reform of Insurance Warranties: Looking Beyond the Past
John Lowry and Rod Edmunds
20. The Right to Delivery of Goods under Contracts of Carriage
Melis OEzdel
21. The Contents of Commercial Contracts: Terms Affecting Freedoms - A Response
Jacqueline Cook
Magda Raczynska and Paul S Davies
2. Binding Our Future Selves
Robert Stevens
3. Anti-Oral Variation Clauses: Rock-Solid or Rocky?
Andrew Burrows
4. Controlling Contractual Interpretation
Richard Calnan
5. Good Faiths and Contract Terms
Magda Raczynska
6. Excluding Good Faith and Restricting Discretion
Paul S Davies
7. The New Override of Bans on Assignment of Receivables
Hugh Beale
8. The Boundaries of a Borrower's Freedom to Act: Negative Covenants in Loan Agreements
Louise Gullifer and Graham Penn
9. 'Ethical Clauses' in Global Value Chain Contracts: Exploring the Limits of Freedom of Contract
Lucinda Miller
10. Smart Contracts
Sarah Green and Adam Sanitt
11. Disproportionate Penalties in Commercial Contracts
William Day
12. Opting for 'Documentary Fundamentalism': Respecting Party Choice for Entire Agreement and Non-Reliance Clauses
Jonathan Morgan
13. Planning for Failure: Contract Design, Ineffective Bargains and Restitution
Niamh Connolly
14. 'All Watched Over by Machines of Loving Grace'? The Inevitable Conflict between Contract Law and Free Speech in Cyberspace
Nicholas J McBride
15. Private Law and Public Concerns: Non-Disclosure Agreements in English Contract Law
Catharine MacMillan
16. Professional Ethics and NDAs: Contracts as Lies and Abuse?
Richard Moorhead
17. Choice of Court and Choice of Law Agreements: Freedom of Freedom of Contract
Alex Mills
18. Illegality in English Arbitration Law after Patel v Mirza
Ugljesa Grusic and Manuel Penades Fons
19. The Reform of Insurance Warranties: Looking Beyond the Past
John Lowry and Rod Edmunds
20. The Right to Delivery of Goods under Contracts of Carriage
Melis OEzdel
21. The Contents of Commercial Contracts: Terms Affecting Freedoms - A Response
Jacqueline Cook