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LOST ON PENALTIES

Published online by Cambridge University Press:  02 December 2014

Janet O'Sullivan
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Extract

FREEDOM of contract is a fundamental principle of English law, but it is of course qualified by numerous protective regimes, some common law, most statutory nowadays, which protect vulnerable parties from untrammelled, unequal free bargaining. It is, quite rightly, exceptional for an experienced commercial party, negotiating at arm's length and with the benefit of specialist professional advice, to succeed in invoking such a regime to escape being bound by what he freely agreed. Yet, in Cavendish Square Holdings BV v Makdessi [2013] EWCA Civ 1539, this was precisely the controversial result.

Type
Case and Comment
Information
The Cambridge Law Journal , Volume 73 , Issue 3 , November 2014 , pp. 480 - 483
Copyright
Copyright © Cambridge Law Journal and Contributors 2014 

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