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.

This is a book teeming with insights … Practical, insightful and entertaining, this book will stimulate further discussion of its diverse subject matter. The editors have collated these thought-provoking chapters, each of which invites the reader to revisit and explore long-held assumptions about fundamental principles of contract law. Its value lies not only its application to the issues of contract law in the modern day but so too the challenges that the future will inevitably bring. Who could ask for more? -- JJW Pembroke-Birss * Journal of Contract Law *
The contributions on their own are stimulating but, as a body of work, provide a most interesting analysis of current issues facing, not just contract law scholars but also, and importantly, solicitors who draft and deal with contracts on a day-to-day basis … the breadth of topics included in the book is a great strength, providing a snapshot of some of the most topical and hotly debated areas of contract law at this time. -- Lorna Richardson, University of Edinburgh * Edinburgh Law Review *
The book is interesting, relevant and essential to anyone interested in contract law. It will become an indispensable reading to judges, legal scholars and practitioners interested in finding out the extent to which contracts work as devices promoting commitment. * European Review of Contract Law *
I very much recommend this book to anyone interested in the study, theory, practice and application of contract law. * Butterworths Journal of International Banking and Financial Law *

Paul S Davies is Professor of Law and Magda Raczynska is Associate Professor of Law, both at University College London.