Commercial Contract Law

Transatlantic Perspectives

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

Publisher: Cambridge University Press

ISBN: 1107311209

Category: Law

Page: N.A

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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.
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The Applicable Law to International Commercial Contracts and the Status of Lex Mercatoria - With a Special Emphasis on Choice of Law Rules in the European Community

Author: Mert Elcin

Publisher: Universal-Publishers

ISBN: 1599423030

Category: Law

Page: 90

View: 9446

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International commercial contracts in the context of increasing globalization of the national markets have posed some of the most difficult questions of the legal theory as developed since the emergence of nation states; those are, whether it is possible or desirable to allow international commercial contracts to be governed by the law merchant or, in its medieval name, lex mercatoria, a body of rules which has not been derived from the will of sovereign states, but mainly from transnational trade usages and practices, and to what extent those rules should govern transnational transactions. The traditional approach of legal positivism to the questions maintains that law governing contracts containing a foreign element should be a national law which will be determined according to choice of law rules. However, the particularities of cross border trade yield unsatisfactory results when the rules essentially designed for the settlement of domestic disputes or national laws pertaining to international economic relations, but developed under the influence of a certain legal tradition, are tried to be applied. New solutions are needed to overcome the special problems of international trade between merchants from different legal systems. In that regard, while the international commercial arbitration which has been freed from the constraints of the domestic laws is an important step, the courts generally applying the principle of party autonomy which allows parties to designate the law that will apply to their transactions have proved insufficient due to the positivistic influence on the conflict of laws rules of most countries which has limited parties' choice of law to the national substantive laws. The problems created by those inconsistencies and divergences have been felt more strongly in the European Community which constitutes an internal market by integrating the national markets of Member States into a single one. The present paper is an attempt to search for answers to those questions with a special emphasis on the situation in the European Community on the basis of the idea that law as a servant of social need must take account of the far reaching and dramatic socio-economic changes.
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Boilerplate Clauses, International Commercial Contracts and the Applicable Law

Author: Giuditta Cordero-Moss

Publisher: Cambridge University Press

ISBN: 1139500058

Category: Law

Page: N.A

View: 7967

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With the aim of creating an autonomous regime for the interpretation and application of the contract, boilerplate clauses are often inserted into international commercial contracts without negotiations or regard for their legal effects. The assumption that a sufficiently detailed and clear language will ensure that the legal effects of the contract will only be based on the contract, as opposed to the applicable law, was originally encouraged by English courts, and today most international contracts have these clauses, irrespective of the governing law. This collection of essays demonstrates that this assumption is not fully applicable under systems of civil law, because these systems are based on principles, such as good faith and loyalty, which contradict this approach.
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Commercial Contracts Law

Author: Jonathan Mukwiri

Publisher: Arima Pub

ISBN: 9781845491109

Category: Law

Page: 320

View: 508

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This classic text provides students with reliable, concise, value-for-money coverage of all the essential legal principles that underpin commercial contracts. The body of this text is the study of contract law in the context of commercial transactions. Commercial contract is at the very heart of commercial law and business law subjects. As such, this text strips the general commercial and business law subjects to the core, and identifies the fundamental principles that underlie these subjects, which is the interpretation and enforcement of commercial contracts. In dealing with the most important key topics, a straightforward analysis is applied to difficult areas of law whilst providing a succinct and reliable account of the current law. Written by an academic author specialising in this area of law, this text will prove invaluable and essential reading for both law students and business students studying modules within commercial law or business law subjects at all levels.
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Contract Law Minimalism

A Formalist Restatement of Commercial Contract Law

Author: Jonathan Morgan

Publisher: Cambridge University Press

ISBN: 110747020X

Category: Law

Page: 312

View: 2677

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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.
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International Commercial Contracts

Applicable Sources and Enforceability

Author: Giuditta Cordero-Moss

Publisher: Cambridge University Press

ISBN: 110702918X

Category: Law

Page: 346

View: 1415

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The book verifies the impact of national law and transnational rules on international contracts, particularly those with an arbitration clause.
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The Unidroit Principles of International Commercial Contracts

A Governing Law?

Author: David Oser

Publisher: BRILL

ISBN: 9047440412

Category: Law

Page: 204

View: 5887

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This book offers in-depth analysis of the foundations of, and justifications for, application of the Unidroit Principles of International Commercial Contracts as the governing law to be recognized by arbitral tribunals and domestic courts.
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An International Restatement of Contract Law

The Unidroit Principles of International Commercial Contracts

Author: Michael Joachim Bonell

Publisher: Martinus Nijhoff Publishers

ISBN: 9004177167

Category: Law

Page: 691

View: 8685

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The Unidroit Principles of International Contracts, first published in 1994, have met with extraordinary success in the legal and business community worldwide. Prepared by a group of eminent experts from all major legal systems of the world, they provide a comprehensive set of rules for international commercial contracts. Available in more than 20 language versions, they are increasingly being used by national legislatures as a source of inspiration in law reform projects, by lawyers as guidelines in contract negotiations and by arbitrators as a legal basis for the settlement of disputes. In 2004 a new edition of the Unidroit Principles was approved, containing five new chapters and adaptations to take into account electronic contracting. This new edition of An International Restatement of Contract Law is the first comprehensive introduction to the Unidroit Principles 2004. In addition, it provides an extensive survey and analysis of the actual use of the Unidroit Principles in practice with special emphasis on the different ways in which they have been interpreted and applied by the courts and arbitral tribunals in the hundred or so cases reported worldwide. The book also contains the full text of the Preamble and the 180 articles of the Unidroit Principles 2004 in Chinese, English, French, German, Italian and Russian as well as the 1994 edition in Spanish. Published under the Transnational Publishers imprint.
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Commercial Contracts

A Practical Guide to Deals, Contracts, Agreements and Promises

Author: C. P. Thorpe,Chris P. Thorpe,John C. L. Bailey

Publisher: Kogan Page Publishers

ISBN: 9780749428426

Category: Commercial documents

Page: 246

View: 8831

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The law of contract is the legal framework within which all business activity is conducted. It is vital for those in business to understand its basic principles and their commercial implications. Many businesses, however, evidently still believe that in the absence of a signed document no contract can exist, and may routinely sign documents that contain small print. Commercial Contracts provides an accessible guide to the basic principles of contract law and places them clearly and concisely in their commercial context. Using real examples, two practicing lawyers introduce English contract law, assuming no prior knowledge of the subject. They highlight areas where practical problems arise and examine possible solutions, with the aim of showing not only how to recognize these problems but how to deal with them in practice.
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Drafting and Negotiating Commercial Contracts

Author: Mark Anderson,Victor Warner

Publisher: Bloomsbury Publishing

ISBN: 1784512664

Category: Commercial law

Page: 378

View: 937

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Drafting and Negotiating Commercial Contracts, Fourth Edition is the 'one-stop-shop' for practical contractual matters, making it essential reading for anyone involved in negotiating and drafting commercial contracts.This book includes:- A guide to the common legal issues in negotiating and drafting contracts- An explanation of the structure and content of a commercial contract- Good and bad practice in drafting (and in using clear, modern English)- The meaning and use of commonly-used words, phrases and legal jargon- The formalities for creating and signing contracts- Guidance on the interpretation of contracts- Steps to take, and what to check for in a contract to eliminate errors (including lists of what to check for in different situations)- Practical measures to protect documents from unwanted alteration, to remove metadata and sensitive information and to secure documents- Drafting and legal issues when contracting with consumersThe Fourth Edition has been fully updated to take account of important court decisions regarding the interpretation of contracts and changes in consumer legislation.Drafting and Negotiating Commercial Contracts, Fourth Edition is for everyone who wishes to understand, or has to negotiate or draft, a commercial contract. This includes commercial lawyers, contract managers, in-house lawyers, lawyers in private practice, LPC course tutors and law and business students.
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