Commercial Contract Law

by Dimatteo, Larry A.; Zhou, Qi; Saintier, Severine; Rowley, Keith

• ISBN13: 9781107028081
• ISBN10: 1107028086
• Format: Hardcover
• Copyright: 2013-01-31
• Publisher: Cambridge Univ Pr

Summary

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.

Table of Contents

The Role of Consent:

Transatlantic perspectives: fundamental themes and debates

Competing theories of contract: an emerging consensus?

Contracts, courts and the construction of consent

Are mortgage contracts promises?

Normative Views of Contract:

Naturalistic contract

Contract in a networked world

Contract, transactions, and equity

Contract Design, and Good Faith:

Reasonability in contract design

Managing change in uncertain times: relational view of good faith

Implied Terms and Interpretation:

Implied terms in English contract law

Contract interpretation: judicial rule, not party choice

Policing Contracting Behavior:

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

Unconscionability in American contract law

Unfair terms in comparative perspective: software contracts

(D)CFR initiative and consumer unfair terms

Misrepresentation, Breach and Remedies:

Remedies for misrepresentation: an integrated system

Re-examining damages for fraudulent misrepresentation

Remedies for documentary breaches: English law and the CISG

Harmonizing Contract Law:

Harmonisation European contract law: default and mandatory rules

Harmonization and its discontents: a critique of the transaction cost argument for a European contract law

Europeanisation of contract law and the proposed common European sales law

Harmonization of international sales law

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