Contents of commercial contracts : terms affecting freedoms / edited by Paul S. Davies and Magda Raczynska.
2020
KD1629.A2 C66 2019 (Mapit)
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Details
Meeting Name
Title
Contents of commercial contracts : terms affecting freedoms / edited by Paul S. Davies and Magda Raczynska.
Imprint
Oxford, UK ; New York, NY : Hart Publishing, Bloomsbury Publishing Plc, 2020.
Copyright
©2020
Description
xiv, 471 pages ; 25 cm.
Series
Hart studies in private law ; v. 35.
Formatted Contents Note
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.
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.
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.
Note
"The chapters in this book follow a conference held at UCL on 9 and 10 May 2019."--ECIP acknowledgements.
Bibliography, etc. Note
Includes bibliographical references and index.
Available in Other Form
Online version: Contents of commercial contracts Oxford ; New York : Hart, 2020.
Call Number
KD1629.A2 C66 2019
Language
English
ISBN
9781509930494 hardcover
1509930493 hardcover
9781509930500 electronic publication
1509930493 hardcover
9781509930500 electronic publication
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