Contents of Commercial Contracts: Terms Affecting Freedoms

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Paul S Davies (University College London, UK) Magda Raczynska (University College London, UK)

Contents of Commercial Contracts

Terms Affecting Freedoms

Paul S Davies (University College London, UK), Magda Raczynska (University College London, UK)

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English

Hart Publishing
23 July 2020

Private & Civil law: general works

Series: Hart Studies in Private Law

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.

Edited by: Paul S Davies (University College London UK), Magda Raczynska (University College London, UK)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
Weight: 853g
ISBN: 9781509930494
ISBN 10: 1509930493
Series: Hart Studies in Private Law
Pages: 488
Publication Date: 23 July 2020
Audience: College/higher education , Primary
Format: Hardback
Publisher's Status: Active

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

Paul S Davies is Professor of Law and Magda Raczynska is Associate Professor of Law, both at University College London.

Reviews for Contents of Commercial Contracts: Terms Affecting Freedoms

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 *