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Look Inside Commercial Contract Law

Commercial Contract Law
Transatlantic Perspectives

Editors:
Larry A. DiMatteo, University of Florida
Qi Zhou, University of Sheffield
Severine Saintier, University of Sheffield
Keith Rowley, University of Nevada, Las Vegas

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 US 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.
- 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.
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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