Publication|
17 December 2024

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Throughout the year, the English courts have tackled a range of contractual issues, from the interpretation of force majeure clauses to the exercise of termination rights. These decisions not only reiterate key principles such as the freedom of contract and certainty, but also offer guidance on navigating commercial disputes.

A consistent theme is the importance of precise drafting, for example, being clear about who is to benefit from third party rights, carefully considering leaver provisions to make sure they work as intended and avoiding penalties (which are unenforceable).

In our annual review of English contract law cases, we highlight this year’s key decisions and what we can learn from them to try to manage risks and ensure enforceability.

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