ABSTRACT
The aim of this article is to examine the importance attached by the United Kingdom (UK) Supreme Court to the promotion of legal certainty in English commercial contract law. It does so by examining three recent Supreme Court decisions in which considerations of certainty and predictability played an important role in deciding the outcome of these cases. While the weight that is attached to the promotion of certainty and predictability is probably greater than that to be found in many other legal systems of the world, a study of the cases demonstrates that it is not the only factor taken into account in the decision-making process and that the Supreme Court can take account of other factors, such as the desire to protect the vulnerable from exploitation.
€ (Westlaw)
Ewan McKendrick KC (Hon), ‘Contracts, certainty and the Supreme Court’ [2026] Journal of Business Law (4) 356-373.
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