Freedom of Contract in UK Law
- Freedom of Contract and the Right to Payment After Determination
- UK High Court Upholds Freedom Of Contract Over Public Policy Inavlidation Of 'Anti-Deprivation' Clauses In Standard Credit Default Swap Contract
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UK High Court Upholds Freedom of Contract Over Public Policy Inavlidation of “Anti-deprivation” Clauses in Standard Credit Default Swap Contract
Belmont Park Investments PTY Limited (Respondent) v. BNY Corporate Trustee Services Limited and Lehman Brothers Special Financing Inc (Appellant), 2011 UKSC 38 (Trinity Term July 2011), is a decisi...
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The enforceability of "no oral modification" clauses
Contracts frequently provide that they may not be amended, unless in writing and signed by both parties. But how does that fit with the principle of freedom of contract and the idea that parties sh...... ... But how does that fit with the principle of freedom of contract and the idea that parties should be able to make (or unmake) ... ...
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Particularly onerous or unusual contract terms: parties have wide freedom to agree
In Goodlife Foods Limited v Hall Fire Protection Limited [2018] EWCA Civ 1371 the English Court of Appeal held that a "stringent" limitation of liability clause was not particularly onerous or unus...
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The Libyan Investment Authority V Goldman Sachs International [2016] EWHC 2530 (Ch)
... ... this decision that, in general, the courts will seek to uphold freedom of contract and commercial certainty unless it is demonstrated that it ... ...
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The Winners And Losers Of The UK's Commercial Rent Arrears (Covid) Arbitration Scheme
... ... the fundamental principle of freedom of contract has paid off. You ... can read the full article as published ... ...
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No Variation Clauses: Worth the Paper They're Written On?
In Globe Motors v TRW Lucas Varity Electric Steering, the English Court of Appeal has considered the effect of 'no variation' clauses that stipulate the formalities required for any subsequent amen...... ... formalities required for any subsequent amendment to the parties' contract. The court concluded that such clauses cannot have their stated effect of restraining parties' freedom to agree an amendment otherwise, for example by conduct or oral agreement ... ...
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Worth The Paper They're Written On - Supreme Court Backs Variations-In-Writing Clauses
... ... ) the Court of Appeal in Globe Motors ruled that the principle of freedom of contract meant that although parties to a contract might agree ... ...
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Recent Contract Law Cases
... ... The new rule does, however, make way for greater freedom of contract; parties of equal bargaining power will be the best judges of what is a legitimate response to a breach of contract and commercially ... ...
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