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Vol 21 No 11 Nov/Dec 2016

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Comparative Contract Law: British and American Perspectives

Edited by: Larry DiMatteo, Martin Hogg

ISBN13: 9780198728733
Published: December 2015
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £85.00



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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.

Subjects:
Contract Law
Contents:
1. Introduction: American, Anglo and Scottish Contract Law

PART I: CONTRACT THEORY AND STRUCTURE
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

PART II: POLICING OF CONTRACTS
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

PART III: INTERPRETATION
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?

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

PART V: SPECIALTY CONTRACTS
17. Three Sales Laws and the Common Law of Contracts
18. Defining Agency and its Scope
19. Defining Agency and its Scope

PART VI: LEGAL REFORM
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