{"type":"rich","version":"1.0","title":"The Supreme Court decision in *Makdessi v Cavendish Square Holdings* arguably represented a significant extension of the range of options for contracting parties to agree harsh contractional sanctions to incentivise performance.\n\n*Makdessi* is representative of a consistent tendency in English courts to uphold freedom of contract above all other considerations in decisions regarding commercial contracts. This tendency is reinforced by the UK's legislative approach, grounded in a longstanding free market policy.\n\nNotwithstanding this background, and the potential for abuse by parties with superior bargaining power, the law of England & Wales remains a popular choice for domestic and international commercial contracts.\n\n**Prepare a report which would be appropriate for an international commercial client, providing an overview of the English law on freedom of contract and its particular implications for commercial contracts, and how its contrasts with the approach in equivalent civil law jurisdictions.**\n","provider_name":"Coggle","provider_url":"https://coggle.it","thumbnail_url":"https://static.coggle.it/diagram/ZEbAhwAjwnrfeKV6/thumbnail","width":1920,"height":1200,"html":"<iframe width=\"1920\" height=\"1200\" src=\"https://embed.coggle.it/diagram/6446c0870023c27adf78a57a\" frameborder=\"0\" allowfullscreen></iframe>"}