Contract Law and Contract Practice

Bridging the Gap Between Legal Reasoning and Commercial Expectation

Author: Catherine Mitchell

Publisher: A&C Black

ISBN: 1782253130

Category: Law

Page: 308

View: 4966


An oft-repeated assertion within contract law scholarship and cases is that a good contract law (or a good commercial contract law) will meet the needs and expectations of commercial contractors. Despite the prevalence of this statement, relatively little attention has been paid to why this should be the aim of contract law, how these 'commercial expectations' are identified and given substance, and what precise legal techniques might be adopted by courts to support the practices and expectations of business people. This book explores these neglected issues within contract law. It examines the idea of commercial expectation, identifying what expectations commercial contractors may have about the law and their business relationships (using empirical studies of contracting behaviour), and assesses the extent to which current contract law reflects these expectations. It considers whether supporting commercial expectations is a justifiable aim of the law according to three well-established theoretical approaches to contractual obligations: rights-based explanations, efficiency-based (or economic) explanations and the relational contract critique of the classical law. It explores the specific challenges presented to contract law by modern commercial relationships and the ways in which the general rules of contract law could be designed and applied in order to meet these challenges. Ultimately the book seeks to move contract law beyond a simple dichotomy between contextualist and formalist legal reasoning, to a more nuanced and responsive legal approach to the regulation of commercial agreements.

Chinese Contract Law

Theory and Practice

Author: Mo Zhang

Publisher: BRILL

ISBN: 9004150412

Category: Law

Page: 372

View: 2572


This volume presents a well-analyzed inside view of Chinese contract law in theory and practice, which will be of interest to both academic researchers and practitioners in this area.

Contract Formation

Law and Practice

Author: Michael Furmston,G.J. Tolhurst

Publisher: Oxford University Press, USA

ISBN: 0199284245

Category: Law

Page: 421

View: 2803


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.


Law, Theory, and Practice

Author: Daniel Markovits,Gabriel Rauterberg

Publisher: Foundation Press

ISBN: 9781683281436


Page: N.A

View: 5618


Contracts: Cases and Theory has two principal ambitions: first, to present the basic doctrine of contracts in a comprehensive and coherent fashion; and second, to encourage a rigorous and interdisciplinary approach to thinking about the values and principles that inspire the law. The book provides a systematic survey of contract law while weaving in perspectives from economics, philosophy, sociology, and legal theory, to show how these disciplines can be used to both illuminate and criticize the law as it stands. The book's treatments of "law and" ideas are designed to be free-standing, making the book an excellent introduction to interdisciplinary legal thought for students without prior training in other fields.

Contracting for Space

Contract Practice in the European Space Sector

Author: Dr Ingo Baumann,Prof Dr Lesley Jane Smith

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409497755

Category: Law

Page: 456

View: 6995


Recent significant developments in the European space sector have had an impact on European commercial space law. This book is an up-to-date guide to the regulatory background of space projects and examines the typical legal problems which need to be solved by practitioners in the field. Taking into account public and commercial international law and practice, this book examines substantive issues of law specific to launchers, satellite manufacturers and space service providers with contributions from leading experts and practitioners in the field of European space law and policy.

FIDIC Contracts

Law and Practice

Author: Ellis Baker,Ben Mellors,Scott Chalmers,Anthony Lavers

Publisher: Informa Law

ISBN: 9781843116288

Category: Law

Page: 583

View: 9105


The FIDIC (Fdration Internationale Des Ingnieurs-Conseils / International Federation of Consulting Engineers) Forms of Contract are used to provide a recognizable common basis of agreement where the project and the principal contract are international, and consist of a suite of contracts. The FIDIC Contracts: Law and Practice covers the full range of FIDIC contracts, providing legal commentary, detailed clause-by-clause analysis, and relevant case law for each of the different forms. The book provides a comprehensive reference for those using the FIDIC forms on contract in international construction and engineering projects. Containing a good blend of practitioner and academic opinion, it highlights controversial issues and outlines the main schools of thought. It is suitable for lawyers practicing in international procurement and dispute resolution. It will also be of benefit to engineers, project managers, quantity surveyors, architects, contractors, and others.

FIDIC Contracts: Law and Practice

Author: Ellis Baker,Ben Mellors,Scott Chalmers,Anthony Lavers

Publisher: CRC Press

ISBN: 131791189X

Category: Law

Page: 624

View: 2878


FIDIC Contracts: Law and Practice is sure to become the leading industry standard guide to using the FIDIC forms, and is the only book to date which deals with the whole suites of contracts, including the new gold book for Design, Build and Operate projects. The White & Case work is outstanding in its detailed consideration and treatment of the legal aspects of the interpretation and application of the Conditions, touching on many points that most people would not have encountered. Humphrey LLoyd, International Construction Law Review [2010] ICLR 386

The JCT 05 Standard Building Contract

Law and Administration

Author: Issaka E. Ndekugri,Michael E. Rycroft

Publisher: Routledge

ISBN: 1856176290

Category: Technology & Engineering

Page: 557

View: 3733


This title helps clarify complex areas of the JCT 05 standard building contract, making it an essential reference for professionals seeking to update their knowledge. The book works through the contract issues thoroughly yet clearly, using case law examples to demonstrate the latest amendments in regards to the Construction Act.

Principles of European Contract Law and Italian Law

Author: Luisa Antoniolli,Anna Veneziano

Publisher: Kluwer Law International B.V.

ISBN: 9041123725

Category: Law

Page: 518

View: 1708


To provide valuable legal service to persons in today's Europe, practitioners must be conversant in both national and transnational law. At the European level, the Principles of European Contract Law (PECL) are an increasingly important element of contract law, together with national contract law, as contained in Civil Codes and various national statute. Accordingly, Kluwer Law International has initiated a series of volumes, under the direction of prof. Hondius of the University of Utrecht, comparing PECL with the most important European legal systems. This volume on Italian law is the second in the series. Using a straightforward comparative method, the editors¿ analysis not only reveals a significant area of convergence between the PECL and Italian contract law, but also highlights the main differences between the two bodies of rules. The reasons for these differences, both legal and non-legal (such as historical, social, economic), are clearly set forth. The book provides complete texts, with annotations, of the PECL and the corresponding Italian rules. The presentation proceeds as follows: general provisions (scope of application, general duties, terminology)formation of contracts (general provisions, offer and acceptance, liability for negotiations)authority of agents (general provisions, direct and indirect representation)validityinterpretationcontents and effectsperformancenon-performance and remedies in generalparticular remedies for non-performance (right to performance, withholding performance, termination of the contract, price reduction, damages and interest) The editors commentary includes extensive reference to case law and legal doctrine at all essential points. In this way they provide a comprehensive description of the law in action as well as its evolving trends. In addition, incisive essays by two leading experts in the field of comparative law, prof. Rodolfo Sacco and prof. Michael Joachim Bonell, analyse the relationship of the PECL and Italian law and its wider framework in the harmonisation of private law at the European and international levels. The book is a valuable handbook and guide for both foreign and Italian lawyers. For non-Italian lawyers, be they practitioners or academics, it provides a concise but complete and up-to-date outline of current Italian contract law, organized on the basis of a system (PECL) with which many European lawyers are familiar. For Italian lawyers, it offers a clearer insight into a wider European legal contract system whose importance in the evolution of a common European private law is growing rapidly. Principles of European Contract Law Series 2

Comparative Contract Law, Second Edition

Cases, Materials and Exercises

Author: Thomas Kadner Graziano

Publisher: Edward Elgar Publishing

ISBN: 1788975472

Category: LAW

Page: 640

View: 4971


Promoting a ‘learning-by-doing’ approach to comparative contract law and comparative methodology, this updated second edition of Comparative Contract Law updates the first true student reader on the subject. Bringing together extracts from legislation and court practice this textbook lets students experience comparative law in action, and presents a unique guide to European and International contract law.