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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Commercial Contract Law: Transatlantic Perspectives

Edited by: Larry A. DiMatteo, Qi Zhou, Severine Saintier , Keith Rowley

ISBN13: 9781107028081
Published: April 2013
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £93.00
Paperback edition , ISBN13 9781107438583

Despatched in 6 to 8 days.

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.

Contract Law, Commercial Law, Comparative Law
Part I. The Role of Consent:
1. Transatlantic perspectives: fundamental themes and debates Larry A. DiMatteo, Qi Zhou and Severine 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 Severine 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 XI. 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.