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Clifford Chance

Clifford Chance


Transactional certainty triumphs

18 October 2016

English commercial law is not paternal. It expects contracting parties to look after their own interests. There are principles about undue influence and unconscionable bargains but, as a recent case shows, the threshold to invoke them successfully is high, even where derivatives are involved. Commercial certainty requires that deals be upheld, not frustrated.

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