Overview

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.

Full Product Details

Author:   Larry A. DiMatteo (University of Florida) ,  Qi Zhou (University of Sheffield) ,  Severine Saintier (University of Sheffield) ,  Keith Rowley (University of Nevada, Las Vegas)
Publisher:   Cambridge University Press
Imprint:   Cambridge University Press
Dimensions:   Width: 15.20cm , Height: 3.20cm , Length: 22.90cm
Weight:   0.820kg
ISBN:  

9781107438583

ISBN 10:   1107438586
Pages:   624
Publication Date:   21 August 2014
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

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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Author Information

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 is a Lecturer at the University of Sheffield, School of Law. Séverine Saintier is a Senior Lecturer at the University of Sheffield, School of Law. Keith Rowley is the William S. Boyd Professor of Law at University of Nevada, Las Vegas, William S. Boyd School of Law.

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