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Commercial Contract Law
Transatlantic Perspectives

$45.99 (C)

Larry A. DiMatteo, Qi Zhou, Séverine Saintier, Martin A. Hogg, Tom W. Joo, Curtis Bridgeman, Peter A. Alces, Roger Brownsword, T. T. Arvind, Nancy S. Kim, Zoe Ollerenshaw, Richard Austen-Baker, Juliet Kostritsky, Chuck Knapp, Jean Braucher, Mel Kenny, David Capper, James Devenney, Djakhongir Saidov, David Campbell, Roger Halson, Hector MacQueen
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  • Date Published: August 2014
  • availability: Available
  • format: Paperback
  • isbn: 9781107438583

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About the Authors
  • This book focuses on the law of commercial contracts as constructed by the U.S. and UK legal systems. Leading scholars from both sides of the Atlantic provide works of original scholarship focusing on current debates and trends from the two dominant common law systems. The chapters approach the subject areas from a variety of perspectives – doctrinal analysis, law and economic analysis, and social-legal studies, as well as other theoretical perspectives. The book covers the major themes that underlie the key debates relating to commercial contract law: role of consent; normative theories of contract law; contract design and good faith; implied terms and interpretation; policing contract behavior; misrepresentation, breach, and remedies; and the regional and international harmonization of contract law. Contributors provide insights on the many commonalities, but more interestingly, on the key divergences of the United States and United Kingdom's approaches to numerous areas of contract law. Such a comparative analysis provides a basis for future developments and improvements of commercial contract law in both countries, as well as other countries that are members of the common law systems. At the same time, insights gathered here should also be of interest to scholars and practitioners of the civil law tradition.

    • Presents a comparative, multidisciplinary and scholarly assessment of the current state of commercial contract law in the US, the UK and to some extent in Europe
    • Takes a wide range of theoretical approaches to study commercial contract
    • Chapters approach the subject areas from a variety of perspectives - doctrinal analysis, law and economic analysis, and social-legal studies, as well as other theoretical perspectives
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    Product details

    • Date Published: August 2014
    • format: Paperback
    • isbn: 9781107438583
    • length: 624 pages
    • dimensions: 229 x 152 x 32 mm
    • weight: 0.82kg
    • contains: 3 tables
    • availability: Available
  • Table of Contents

    Part I. The Role of Consent:
    1. Transatlantic perspectives: fundamental themes and debates Larry A. DiMatteo, Qi Zhou and Séverine Saintier
    2. Competing theories of contract: an emerging consensus? Martin A. Hogg
    3. Contracts, courts and the construction of consent Tom W. Joo
    4. Are mortgage contracts promises? Curtis Bridgeman
    Part II. Normative Views of Contract:
    5. Naturalistic contract Peter A. Alces
    6. Contract in a networked world Roger Brownsword
    7. Contract, transactions, and equity T. T. Arvind
    Part III. Contract Design and Good Faith:
    8. Reasonability in contract design Nancy S. Kim
    9. Managing change in uncertain times: relational view of good faith Zoe Ollerenshaw
    Part IV. Implied Terms and Interpretation:
    10. Implied terms in English contract law Richard Austen-Baker
    11. Contract interpretation: judicial rule, not party choice Juliet Kostritsky
    Part V. Policing Contracting Behavior:
    12. The paradox of the French method of calculating the compensation of commercial agents and the importance of conceptualising the remedial scheme under Directive 86/653 Séverine Saintier
    13. Unconscionability in American contract law Chuck Knapp
    14. Unfair terms in comparative perspective: software contracts Jean Braucher
    15. (D)CFR initiative and consumer unfair terms Mel Kenny
    Part VI. Misrepresentation, Breach and Remedies:
    16. Remedies for misrepresentation: an integrated system David Capper
    17. Re-examining damages for fraudulent misrepresentation James Devenney
    18. Remedies for documentary breaches: English law and the CISG Djakhongir Saidov
    Part VII. Harmonizing Contract Law:
    19. Harmonisation European contract law: default and mandatory rules Qi Zhou
    20. Harmonization and its discontents: a critique of the transaction cost argument for a European contract law David Campbell and Roger Halson
    21. Europeanisation of contract law and the proposed common European sales law Hector MacQueen
    22. Harmonization of international sales law Larry A. DiMatteo.

  • Editors

    Larry A. DiMatteo, University of Florida
    Larry A. DiMatteo is the Huber Hurst Professor of Contract Law and Legal Studies at the Warrington College of Business Administration and Affiliated Professor at the Levin College of Law at the University of Florida.

    Qi Zhou, University of Sheffield
    Qi Zhou is a Lecturer at the University of Sheffield, School of Law.

    Severine Saintier, University of Sheffield
    Séverine Saintier is a Senior Lecturer at the University of Sheffield, School of Law.

    Keith Rowley, University of Nevada, Las Vegas
    Keith Rowley is the William S. Boyd Professor of Law at University of Nevada, Las Vegas, William S. Boyd School of Law.

    Contributors

    Larry A. DiMatteo, Qi Zhou, Séverine Saintier, Martin A. Hogg, Tom W. Joo, Curtis Bridgeman, Peter A. Alces, Roger Brownsword, T. T. Arvind, Nancy S. Kim, Zoe Ollerenshaw, Richard Austen-Baker, Juliet Kostritsky, Chuck Knapp, Jean Braucher, Mel Kenny, David Capper, James Devenney, Djakhongir Saidov, David Campbell, Roger Halson, Hector MacQueen

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