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The autonomy of contracting parties is one of the foundations of English contract law. Although not quite as free in practice as in theory, parties nonetheless have a wide discretion in the form and substance of their contractual relationships. Impositions into this principle have been made in certain situations, for instance where one party contracts as a consumer, or in the context of limitation and exclusion clauses, together with the prohibition on forming contracts for an illegal purpose. What then, of the situation where the parties contract so as to bind themselves in the manner of their future ability to...