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Vol 23 No 4 April/May 2018

Book of the Month

Cover of Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Edited by: Alexander Learmonth, Charlotte Ford, Julia Clark, John Ross Martyn
Price: £295.00

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Williams published

Comparative Contract Law: British and American Perspectives (eBook)

Edited by: Larry DiMatteo, Martin Hogg

ISBN13: 9780191044458
Published: December 2015
Publisher: Oxford University Press
Country of Publication: UK
Format: eBook (ePub)
Price: £62.50 + £12.50 VAT
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Bringing together leading commercial and contract law scholars from the United Kingdom and United States, Comparative Contract Law: British and American Perspectives offers an insightful and comprehensive assessment of the commonalities and divergences in the contract law of these two jurisdictions. Approaching the subject area from a variety of perspectives - doctrinal analysis, behavioural analysis, law and economics, and theoretical - the book examines familiar areas of contract law as practiced in the UK and US.

Topics include contract theory and structure; contract formation and defects of consent; policing contracts and the duty of good faith; contract interpretation; damages; speciality contracts; and legal reform. The volume provides a thorough assessment of the current state of commercial contract law in the UK and US, and addresses the strengths and weaknesses of the national and European approaches to many issues of contract law. In particular it focuses on how commercial contract law should be improved, and whether harmonization of the different contract law regimes is a suitable, and appropriate, solution.

Contract Law, eBooks
1. Introduction: American, Anglo and Scottish Contract Law

2. The Death of Consent?
3. Saying With Me Mean: Fundamental Structure Language in Contract Law
4. The Nature and Timing of Contract Formation
5. Contract Formation Between Distant Parties: The Scottish Experience
6. Quality of Consent and Distributive Fairness: A Comparative Perspective

8. Inequality of Bargaining Power and 'Cure' by Information Provision
9. Reassessing Assent-Based Critiques: Adhesion Contracts
10. Good Faith in the Performance of a Contract in English Law
11. History and Theory of Good Faith Performance in the United States

12. Interpreting Commercial Contracts: The Policing Role of Context in English Law
13. Contractual Interpretation in the Commercial Context
14. Can Judges Use Business Common Sense in Interpreting Contracts?

15. Market Damages and the Invisible Hand
16. The Rights to Perfrom After Repudiation and Recover the Contract Price in Anglo-American Law

17. Three Sales Laws and the Common Law of Contracts
18. Defining Agency and its Scope
19. Defining Agency and its Scope

20. Standard Terms in Consumer Contracts: The Challenges of Law Reform in English Law
21. At the Limits of Adjudication: Standard Terms in Consumer Contracts