Comparative Contract Law
British and American Perspectives
1st Edition
Published on 10. December 2015
400 pages
978-0-19-104445-8 (ISBN)
Description
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.
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12/2015
Oxford University Press
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Persons
Larry A. DiMatteo is the Huber Hurst Professor at Warrington College of Business Administration, University of Florida. He received his J.D. from the Cornell Law School, his LLM from Harvard Law School, and his PhD from Monash University. He is the former Chair of the Department of Management at the University of Florida and Editor-in-Chief of the American Business Law Journal.
Martin Hogg is Professor of the Law of Obligations at the University of Edinburgh Law School, where he is currently serving as its Deputy Head. He is the Editor of the Edinburgh Law Review. Professor Hogg has researched and published extensively in all aspects of the law of obligations.
Content
- 1: Larry A DiMatteo and Martin Hogg: Introduction: British and American Perspectives
- Part I: Contract Theory and Structure
- 2: Martin Hogg: Saying What We Mean: Fundamental Structural Language in Contract Law
- 3: Peter A Alces: The Death of Consent?
- Part II: Contract Formation
- 4: Shawn J Bayern: The Nature and Timing of Contract Formation
- 5: Hector L MacQueen: Contract Formation Between Distant Parties: The Scottish Experience
- 6: Defects of Consent in English Law: Protecting the Bargain? Severine Saintier
- 7: Jeffrey L Harrison: Quality of Consent and Distributive Fairness: A Comparative Perspective
- Part III: Policing of Contracts
- 8: Elizabeth Macdonald: Inequality of Bargaining Power and 'Cure' by Information Requirement
- 9: Daniel D Barnhizer: Reassessing Assent-Based Critiques of Adhesion Contracts
- 10: Ewan McKendrick: Good Faith in the Performance of a Contract in English Law
- 11: Steven J Burton: History and Theory of Good Faith Performance in the United States
- Part IV: Contractual Interpretation
- 12: Catherine Mitchell: Interpreting Commercial Contracts: The Policing Role of Context in English Law
- 13: Blake D Morant: Contractual Interpretation in the Commercial Context
- 14: The Rt Hon Lord Hodge: Can Judges Use Business Common Sense in Interpreting Contracts?
- Part V: Damages
- 15: David Campbell: Market Damages and the Invisible Hand
- 16: Mark P Gergen: The Right to Perform after Repudiation and Recover the Contract Price in Anglo-American Law
- Part VI: Specialty Contracts
- 17: Qi Zhou and Larry A DiMatteo: Three Sales Laws and the Common Law of Contracts
- 18: Laura Macgregor: Defining Agency and Its Scope (I)
- 19: Deborah DeMott: Defining Agency and Its Scope (II)
- Part VII: Legal Reform
- 20: Christan Twigg-Flessner: Standard Terms in Consumer Contracts: The Challenges of Law Reform in English Law
- 21: Aditi Bagchi: At the Limits of Adjudication: Standard Terms in Consumer Contracts
