European University Institute Library

Contents of commercial contracts, terms affecting freedoms, edited by Paul S Davies and Magda Raczynska

eng

Includes bibliographical references and index

index present

non fiction

Contents of commercial contracts

electronic resource

bibliographydictionaries

1178643031

edited by Paul S Davies and Magda Raczynska

Hart studies in private law, volume 35Bloomsbury eBooks.

terms affecting freedoms

"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"--, Provided by publisher

Freedom of Contract and Terms Affecting Freedoms / Magda Raczynska and Paul S Davies -- Binding Our Future Selves / Robert Stevens -- Anti-Oral Variation Clauses : Rock-Solid or Rocky? / Andrew Burrows -- Controlling Contractual Interpretation / Richard Calnan -- Good Faiths and Contract Terms / Magda Raczynska -- Excluding Good Faith and Restricting Discretion / Paul S Davies -- The New Override of Bans on Assignment of Receivables / Hugh Beale -- The Boundaries of a Borrower's Freedom to Act : Negative Covenants in Loan Agreements / Louise Gullifer and Graham Penn -- 'Ethical Clauses' in Global Value Chain Contracts : Exploring the Limits of Freedom of Contract / Lucinda Miller -- Smart Contracts / Sarah Green and Adam Sanitt -- Disproportionate Penalties in Commercial Contracts / William Day -- Opting for 'Documentary Fundamentalism' : Respecting Party Choice for Entire Agreement and Non-Reliance / Clauses / Jonathan Morgan -- Planning for Failure : Contract Design, Ineffective Bargains and Restitution / Niamh Connolly -- 'All Watched Over by Machines of Loving Grace'? : The Inevitable Conflict between Contract Law and Free Speech in Cyberspace / Nicholas J McBride -- Private Law and Public Concerns : Non-Disclosure Agreements in English Contract Law / Catharine MacMillan -- Professional Ethics and NDAs: Contracts as Lies and Abuse? / Richard Moorhead -- Choice of Court and Choice of Law Agreements : Freedom of Freedom of Contract / Alex Mills -- Illegality in English Arbitration Law after Patel v Mirza / Uglješa Grušić and Manuel Penades Fons -- The Reform of Insurance Warranties : Looking Beyond the Past / John Lowry and Rod Edmunds -- The Right to Delivery of Goods under Contracts of Carriage / Melis Özdel -- The Contents of Commercial Contracts : Terms Affecting Freedoms : A Response / Jacqueline Cook