New Classicism? Freedom of Contract, Risk Distribution and Recent Trends in the Drafting of IT Contracts

“Freedom of contract has fallen, but I cannot believe that it has fallen that far” remarked HHJ Bowsher in Grovedeck Ltd v Capital Demilition Ltd. Although his remark was expressed in a different context, Adrian Hughes and James Bowling take the view that freedom of contract is on the march again in the approach of the courts to clauses allocating risk in IT contracts

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