Protecting the Integrity of a Written Agreement A Comparative Analysis of the Parol Evidence Rule, Merger Clauses and No Oral Modification Clauses in U.S., English, German and Swiss Law and International Instruments (CISG, PICC, PECL, DCFR and CESL)

by Muller, Andreas

• ISBN13: 9789462360730
• ISBN10: 9462360731
• Format: Hardcover
• Copyright: 2013-10-08
• Publisher: Eleven International Publishing

Summary

This book offers a comprehensive comparative overview of the effect of pre-contractual statements and agreements and post-contractual informal modifications of written contracts. It gives an in-depth analysis of the respective case law and scholarly writing of four different jurisdictions - the US, England, Germany, and Switzerland - as well as five uniform instruments - the Contracts for the International Sale of Goods, Principles of International Commercial Contracts, Principles of European Contract Law, Draft Common Frame of Reference, and Common European Sales Law - showing differences and commonalities. The topics covered include comparative contract law, modifications of (written) contracts, the parol evidence rule, merger clauses, entire agreement clauses, integration clauses, no oral modification clauses, the presumption of accuracy and completeness of a written contract, and the integrative effect of a written agreement. The book provides guidance for drafting written contracts and will be of interest to practitioners and academics interested in comparative contract law. (Series: International Commerce and Arbitration [ICA] - Vol. 14)