Comparative Contract Law: British and American Perspectives

Hardcover | January 9, 2016

EditorLarry Dimatteo, Martin Hogg

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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 twojurisdictions. 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 formationand 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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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 twojurisdictions. Approaching the subject area from a v...

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-...

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Format:HardcoverDimensions:512 pages, 9.69 × 6.73 × 1.33 inPublished:January 9, 2016Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198728735

ISBN - 13:9780198728733

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Table of Contents

1. Martin Hogg and Larry A. DiMatteo: Introduction: American, Anglo and Scottish Contract LawPart I: Contract Theory and Structure2. Peter Alces: The Death of Consent?3. Martin Hogg: Saying With Me Mean: Fundamental Structure Language in Contract Law4. Shawn J. Bayern: The Nature and Timing of Contract Formation5. Hector L. MacQueen: Contract Formation Between Distant Parties: The Scottish Experience6. Jeffrey L. Harrison: Quality of Consent and Distributive Fairness: A Comparative PerspectivePart II: Policing of Contracts8. Elizabeth Macdonald: Inequality of Bargaining Power and 'Cure' by Information Provision9. Daniel D. Barnhizer: Reassessing Assent-Based Critiques: Adhesion Contracts10. Ewan McKendrick: Good Faith in the Performance of a Contract in English Law11. Steven J. Burton: History and Theory of Good Faith Performance in the United StatesPart III: Interpretation12. Catherine E. Mitchell: Interpreting Commercial Contracts: The Policing Role of Context in English Law13. Black D. Morant: Contractual Interpretation in the Commercial Context14. Lord Hodge: Can Judges Use Business Common Sense in Interpreting Contracts?Part IV: Damages15. David Campbell: Market Damages and the Invisible Hand16. Mark P. Gergen: The Rights to Perfrom After Repudiation and Recover the Contract Price in Anglo-American LawPart V: Specialty Contracts17. Larry A. DiMatteo: Three Sales Laws and the Common Law of Contracts18. Deborah DeMott: Defining Agency and its Scope19. Laura Macgregor: Defining Agency and its ScopePart VI: Legal Reform20. Christan Twigg-Flessner: Standard Terms in Consumer Contracts: The Challenges of Law Reform in English Law21. Aditi Bagchi: At the Limits of Adjudication: Standard Terms in Consumer Contracts