Contents of Contracts and Unfair Terms

by Chen-Wishart, Mindy; Vogenauer, Stefan

• ISBN13: 9780198850427
• ISBN10: 0198850425
• Format: Hardcover
• Copyright: 2021-01-30
• Publisher: Oxford University Press

Summary

Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where limited critical commentaries have been published in the English language. Each volume in the series aims to offer an insider's perspective into specific areas of contract law - remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy - and explores how these diverse jurisdictions address common problems encountered in contractual disputes. A concluding chapter draws out the convergences and divergences, and other themes. All the Asian jurisdictions examined have inherited or adopted the common law or civil law models of European legal systems. Scholars of legal transplant will find a mine of information on how received law has developed after the initial adaptation and transplant process, including the mechanisms of and influences affecting these developments. At the same time, many points of convergence emerge. These provide good starting points for regional harmonization projects.

Volume III of this series deals with the contents of contracts and unfair terms in the laws of China, Hong Kong, India, Indonesia, Japan, Korea, Malaysia, Myanmar, the Philippines, Singapore, Taiwan, Thailand, and Vietnam. Typically, each jurisdiction is covered in two chapters: the first deals with the contents of contracts and how contractual terms are identified and interpreted; the second deals with unfair terms, the situations where the law will interfere in matters of 'unfairness' relating to contract terms, and legal responses to unfair terms.

Author Biography

Mindy Chen-Wishart, Professor of the Law of Contract, University of Oxford,Stefan Vogenauer, Director, Max Planck Institute for European Legal History

Mindy Chen-Wishart is Dean of the Oxford Law Faculty, Professor of the Law of Contract at Oxford University, a Tutorial Fellow in Law at Merton College, Oxford, and Professor of Law at the National University of Singapore.


Stefan Vogenauer is Director at the Max Planck Institute for European Legal History, Frankfurt.

Table of Contents

1. Introduction, Mindy Chen-Wishart and Stefan Vogenauer
2. Contract Formation under Chinese Law, Yang Fan
3. Regulating Unfair Contract Terms under Chinese Law, Han Shiyuan
4. Contract Terms in Hong Kong: Incorporation, Interpretation, Implication, and Unfair Terms, Stephen Hall
5. Contract Terms and Their Interpretation - The Indian Perspective, Nilima Bhadbhade
6. The Regulation of Unfair Terms in Indian Contract Law: Past, Present And Future, Stelios Tofaris
7. Contractual Interpretation and Protection Against Unfair Terms in Indonesia, Gary Bell
8. The Interpretation of Contracts under Japanese Law, Masami Okino
9. The Regulation of Unfair Terms and Consumer Protection in Japan, Hiroyuki Kihara
10. Contractual Interpretation under Korean Law, Kwon Youngjoon
11. Regulation of Unfair Terms under Korean Law, Ahn Tae-Yong
12. Interpretation and Implication of Contractual Terms in Malaysia, Tay Pek San
13. Unfair Contract Terms and Consumer Protection: Legislative and Judicial Controls in Malaysia, Chan Wai Meng and Tay Pek San
14. Contents of Contracts and Unfair Terms in the Myanmar Law of Contract, Adrian Briggs and Andrew Burrows
15. Contract Terms in the Philippines: Incorporation, Interpretation, Implication, and Unfair Terms, Michael Dizon
16. The Interpretation and Implication of Contractual Terms in Singapore, Goh Yihan
17. Regulating Unfair Terms and Consumer Protection, Sandra Booysen
18. Ascertaining Contractual Terms in Taiwan, Wu Ying-Chieh
19. Regulating Unfair Terms and Consumer Protection under Taiwan Law, Jan Sheng-Lin
20. Identification and Interpretation of Contractual Terms in Thai Law, Munin Pongsapan
21. The Regulation of Unfair Terms and Consumer Protection in Thailand, Sakda Thanitcul
22. Contract Interpretation and Unfair Terms in Vietnamese Contract Law, Nguyen Hung Quang and Nguyen Thuy Duong
23. Conclusion, Stefan Vogenauer