Precontractual Liability in European Private Law

Precontractual Liability in European Private Law
Author: John Cartwright
Publisher: Cambridge University Press
Total Pages: 537
Release: 2008
Genre: Law
ISBN: 0521516013

This volume outlines European perspectives on the liability which may follow a break-off of precontractual negotiations.

Formation and Variation of Contract

Formation and Variation of Contract
Author: John Cartwright
Publisher:
Total Pages: 450
Release: 2011-10-01
Genre: Contracts
ISBN: 9781847038029

Introduction. Part I: Contract Formalities. The role of formality. Specific formalities: substantive conditions of a binding contract. Specific formalities: evidence. A general formality: the deed Part II: The Doctrine Of Consideration. The historical and comparative context. Consideration as a condition of existence of the contract. Consideration in the variation and discharge of a contract Part III: Promissory Estoppel. The traditional role of promissory estoppel: variation of an existing obligation. The developing role of promissory estoppel: creation of a new obligation. Conclusions.

Contract Formation

Contract Formation
Author: Michael Furmston
Publisher: Oxford University Press, USA
Total Pages: 477
Release: 2010-03-25
Genre: Language Arts & Disciplines
ISBN: 0199284245

Providing a practical analysis of the legal principles which govern the formation of contracts in English law (with additional authorities from the Commonwealth), this work on contract formation offers those involved in litigation and in drafting contracts a guide to the application of those principles in practice.

Contract Formation and Parties

Contract Formation and Parties
Author: Andrew Burrows
Publisher: Oxford University Press
Total Pages: 288
Release: 2010-08-12
Genre: Law
ISBN: 0199583706

'This volume of essays addresses the law relating to the formation of legally binding contracts and relationships between contracting parties and third parties and is based on papers delivered at the eighth Oxford-Norton Rose Colloquium at St Hugh's College, Oxford in September 2009.' - Foreword.

Chinese Contract Law

Chinese Contract Law
Author: Larry A. DiMatteo
Publisher: Cambridge University Press
Total Pages: 545
Release: 2017-10-26
Genre: Law
ISBN: 1107176328

A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.

Principles, Definitions and Model Rules of European Private Law

Principles, Definitions and Model Rules of European Private Law
Author: Study Group on a European Civil Code
Publisher: sellier. european law publ.
Total Pages: 406
Release: 2008
Genre: Civil law
ISBN: 3866530595

In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.

Commercial Contract Law

Commercial Contract Law
Author: Larry A. DiMatteo
Publisher: Cambridge University Press
Total Pages: 623
Release: 2013-01-31
Genre: Law
ISBN: 1107028086

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.

International Sales Law

International Sales Law
Author: Larry A. DiMatteo
Publisher: Cambridge University Press
Total Pages: 805
Release: 2014-02-17
Genre: Law
ISBN: 1107782805

This book brings together the top international sales law scholars from twenty-three countries to review the Convention on Contracts for International Sale of Goods (CISG) and its role in the unification of global sales law. It reviews the substance of CISG rules and analyzes alternative interpretations. A comparative analysis is given of how countries have accepted, interpreted, and applied the CISG. Theoretical insights are offered into the problems of uniform laws, the CISG's role in bridging the gap between the common and civil legal traditions, and the debate over good faith in CISG jurisprudence. The book reviews case law relating to the interpretation and application of the provisions of the CISG; analyzes how it has been recognized and implemented by national courts and arbitral tribunals; offers insights into problems of uniformity of application of an international sales convention; compares the CISG with the English Sale of Goods Act and places it in the context of other texts of UNCITRAL; and analyzes the CISG from the practitioner's perspective.

Contract Law Minimalism

Contract Law Minimalism
Author: Jonathan Morgan
Publisher: Cambridge University Press
Total Pages: 314
Release: 2013-11-07
Genre: Law
ISBN: 110747020X

Commercial contract law is in every sense optional given the choice between legal systems and law and arbitration. Its 'doctrines' are in fact virtually all default rules. Contract Law Minimalism advances the thesis that commercial parties prefer a minimalist law that sets out to enforce what they have decided - but does nothing else. The limited capacity of the legal process is the key to this 'minimalist' stance. This book considers evidence that such minimalism is indeed what commercial parties choose to govern their transactions. It critically engages with alternative schools of thought, that call for active regulation of contracts to promote either economic efficiency or the trust and co-operation necessary for 'relational contracting'. The book also necessarily argues against the view that private law should be understood non-instrumentally (whether through promissory morality, corrective justice, taxonomic rationality, or otherwise). It sketches a restatement of English contract law in line with the thesis.