Contents of Commercial Contracts

This book examines the terms in commercial contracts that limit freedom of action, featuring insights from prominent legal experts on issues like good faith, discretion, and the emergence of smart contracts.

Contents of Commercial Contracts delves into the intricate balance between the freedom of contract and the constraints imposed by specific contractual terms within English law. This freedom is often cited as a primary reason for the widespread preference for English law in commercial dealings. However, the book highlights how certain terms can limit the parties' ability to act freely, raising important questions about the implications of these restrictions.

The contributors to this volume are leading experts in commercial law, who provide insights into recent trends such as the growing emphasis on good faith and discretion in contractual relationships, as well as the emergence of smart contracts. These developments are reshaping the landscape of commercial agreements, prompting a reevaluation of traditional notions of contractual freedom. The authors engage with contemporary debates about the extent to which parties can negotiate the terms of their contracts while still maintaining clarity and enforceability.

This work is particularly valuable for various stakeholders in the commercial sector. Drafters of contracts will find guidance on how to create agreements that are both precise and legally sound. Litigators can benefit from the discussions surrounding the meaning, scope, and validity of contract terms, which are often contested in legal disputes. Additionally, academics will appreciate the exploration of the fundamental principles governing contractual relationships, making this book a significant resource for anyone involved in the field of commercial law.