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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. 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.
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.
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