Commercial Contract Law: Transatlantic Perspectives

doi:10.1017/CBO9781139235662

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Commercial Contract Law

Commercial Contract Law

Transatlantic Perspectives

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Coetzee, Juana 2015. CISG AND REGIONAL SALES LAW: FRIENDS OR FOES?. Journal of Law, Society and Development, Vol. 2, Issue. 1,

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Edited by 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
Online publication date:: February 2013
Print publication year:: 2013
Online ISBN:: 9781139235662
DOI:: https://doi.org/10.1017/CBO9781139235662

Subjects:: Law, Contract Law

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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.

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Commercial Contract Law

Transatlantic Perspectives

This Book has been cited by the following publications. This list is generated based on data provided by Crossref.

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Contents

Commercial Contract Law - Half title page
pp i-ii

Commercial Contract Law - Title page
pp iii-iii

Copyright page
pp iv-iv

Dedication
pp v-vi

Brief Contents
pp vii-x

Contents
pp xi-xx

Contributors
pp xxi-xxvi

Foreword
pp xxvii-xxviii

Part I - The Role of Consent
pp 1-82

1 - Transatlantic Perspectives
pp 3-13

2 - Competing Theories of Contract
pp 14-40

3 - Contracts, Courts, and the Construction of Consent
pp 41-66

4 - Are Mortgage Contracts Promises?
pp 67-82

Part II - Normative Views of Contract
pp 83-178

5 - Naturalistic Contract
pp 85-115

6 - Contract in a Networked World
pp 116-145

7 - Contract Transactions and Equity
pp 146-178

Part III - Contract Design and Good Faith
pp 179-222

8 - The Duty to Draft Reasonably and Online Contracts
pp 181-200

9 - Managing Change in Uncertain Times
pp 201-222

Part IV - Implied Terms and Interpretation
pp 223-286

10 - Implied Terms in English Contract Law
pp 225-239

11 - Contract Interpretation
pp 240-286

Part V - Policing Contracting Behavior
pp 287-382

12 - The Paradox of the French Method for Calculating the Compensation of Commercial Agents and the Importance of Conceptualising the Remedial Scheme under Directive 86/653
pp 289-308

13 - Unconscionability in American Contract Law
pp 309-338

14 - Unfair Terms in Comparative Perspective
pp 339-365

15 - (D)CFR Initiative and Consumer Unfair Terms
pp 366-382

Part VI - Misrepresentation, Breach, and Remedies
pp 383-502

16 - Remedies for Misrepresentation
pp 385-415

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Commercial Contract Law

Transatlantic Perspectives

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