Contract Terms

Hardcover | August 1, 2007

EditorAndrew Burrows, Edwin Peel

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This book contains the papers written for the seventh volume in the Oxford-Norton Rose Law Colloquium Series, which was held in St Hugh's College, Oxford, on 22nd-23rd September, 2006. As with past colloquia, this brought together practitioners (solicitors, barristers and Judges) and academicsto examine and discuss an area of commercial law. The belief underpinning all the colloquia has been that the sharing of views on central topics of commercial law can only work to the mutual advantage of both academics and practitioners. The topic chosen this year was Contract Terms which is a topicof everyday importance to all commercial lawyers. It is also an area in which academics have become increasingly interested in recent years. The book begins with an introduction by the editors which draws out the central features of the discussions at the colloquium. It is followed by an introductory practitioners' perspective written by Richard Calnan of Norton Rose.The colloquium papers have then been divided into three main sections. The first on 'Construction and Interpretation' comprises the papers written by Gerard McMeel, Edwin Peel, Andrew Burrows, Robert Stevens and Stefan Vogenauer. The second on 'Legislative Control of Exemption Clauses and UnfairTerms' has papers by Elizabeth MacDonald, Susan Bright and Hugh Beale. The third on 'Issues Related to Particular Types of Term' looks at entire agreement clauses, termination clauses, force majeure clauses, retention of title clauses and choice of law clauses. This third section contains chapterswritten by John Cartwright, Ewan McKendrick, Simon Whittaker, Louise Gullifer and Adrian Briggs. The papers have all been written by eminent academics and together they provide a stimulating and up-to-date examination of Contract Terms. The book will be essential reading for all solicitors involved in drafting contracts or in commercial litigation, commercial barristers, and academicsinterested in contract and commercial law. The foreword has been written by the senior Law Lord, Lord Bingham of Cornhill.

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This book contains the papers written for the seventh volume in the Oxford-Norton Rose Law Colloquium Series, which was held in St Hugh's College, Oxford, on 22nd-23rd September, 2006. As with past colloquia, this brought together practitioners (solicitors, barristers and Judges) and academicsto examine and discuss an area of commercia...

Andrew Burrows, QC (Hon), Norton Rose Professor of Commercial Law in the University of Oxford; Fellow of St Hugh's College; Honorary Bencher of Middle Temple; Barrister, Fountain Court Chambers. Edwin Peel, Fellow and Tutor in Law, Keble College, Oxford; Solicitor, Consultant Clifford Chance LLP.

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Format:HardcoverDimensions:392 pages, 9.21 × 6.14 × 1.02 inPublished:August 1, 2007Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199229376

ISBN - 13:9780199229376

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Table of Contents

Lord Bingham of Cornhill: Foreword1. Andrew Burrows and Ed Peel: Introduction2. Richard Calnan: Construction of Commercial Contracts: A Practitioner's PerspectivePART I: Construction and Interpretation3. Gerard McMeel: Overview: the Principles and Policies of Contractual Construction4. Edwin Peel: Whither Contra Proferentem?5. Andrew Burrows: Construction and Rectification6. Robert Stevens: Objectivity, Mistake and the Parol Evidence Rule7. Stefan Vogenauer: Interpretation of Contracts: Concluding Comparative ObservationsPART II: Legislative Control of Exemption Clauses and Unfair Terms8. Elizabeth MacDonald: UCTA thirty years on9. Susan Bright: Unfairness and the Consumer Contract Regulations10. Hugh Beale: Exclusion and Limitation Clauses in Business Contracts: TransparencyPART III: Issues Relating to Particlular Types of Term11. John Cartwright: Excluding Liability for Misrepresentation12. Ewan McKendrick: Force Majeure Clauses: the Gap between Doctrine and Practice13. Simon Whittaker: Termination Clauses14. Louise Gullifer: Retention of Title Clauses: a Question of Balance15. Adrian Briggs: Contractual Agreements on Choice of Law: Some Notes Towards an Understanding of their Relative Effect