Contents of commercial contracts : terms affecting freedoms / edited by Paul S. Davies and Magda Raczynska.

Format:

Book

Conference/Event

Contributor:

Davies, Paul S. (Law teacher), editor.

Raczynska, Magda (Law teacher), editor.

Conference Name:

Contents of Commercial Contracts: Terms Affecting Freedoms (2019 : University College, London, Faculty of Laws)

Series:

Hart studies in private law ; volume 35

Language:

English

Subjects (All):

Commercial law--England--Congresses.

Commercial law.

Contracts--England--Congresses.

Contracts.

Physical Description:

1 online resource (459 pages).

Distribution:

[London, England] : Bloomsbury Publishing, 2020

Place of Publication:

Oxford ; Hart, 2020.

Summary:

"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.

Contents:

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.

Notes:

"The chapters in this book follow a conference held at UCL on 9 and 10 May 2019."--ECIP acknowledgements.

Includes bibliographical references and index.

Description based on print version record and CIP data provided by publisher; resource not viewed.

ISBN:

9781509930517

1509930515

9781509930524

1509930523

9781509930500

1509930507

OCLC:

1157094349