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Contents of Commercial Contracts: Terms Affecting Freedoms

Contents of Commercial Contracts: Terms Affecting Freedoms

Name: Contents of Commercial Contracts: Terms Affecting Freedoms
Brand: Hart Publishing
SKU: 9781509930494
Price: 1891.50 HKD
Availability: InStock
Author: Paul S. Davies; Magda Raczynska
ISBN: 9781509930494

Edited by Paul S. Davies · Magda Raczynska

Hart Publishing July 2020

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ISBN-13: 9781509930494
Publisher: Hart Publishing
Publication: July 2020
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

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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. In so doing, 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.

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

Uglješa Grušic 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 Özdel

21. The Contents of Commercial Contracts: Terms Affecting Freedoms – A Response

Jacqueline Cook

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Contents of Commercial Contracts: Terms Affecting Freedoms

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