Contract Law and Contract Practice : Bridging the Gap Between Legal Reasoning and Commercial Expectation
Catherine. Mitchell
Bok Engelsk 2013 · Electronic books.
| Utgitt | Oxford : : Hart Publishing Limited, , 2013.
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| Omfang | 1 online resource (309 p.)
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| Opplysninger | Description based upon print version of record.. - Cover; Preliminary Pages; Preface; Contents; Table of Cases; Table of Legislation; 1. Introdution: The Relationship between Contract Law and Commercial Expectations; Contexts and Background; Specific Lines of Enquiry; Commercial Agreements, Contracts and Contract Law; 2. Understanding Commercial Expectations; What Does an Appeal to Commercial Expectations Mean?; Why Do Commercial Expectations Matter?; Normative Derivation of Commercial Expectations; Changes in Contracting Practice; Conclusion; 3. The Contours and Sources of Commercial Expectations. - Characteristics of Relational Analysis of ContractsEssential Contract Method: Macneil's Common Contract Norms; Significance for the Law of Contract; Conclusion; 7. Commercial Expectations and Legal Capacity; Relationalism, Contract Law Rules and Common Law Method; Objectivity; Legal Commitment to the Written Agreement; The Litigation Process; Transformation and Legalisation of Norms; Judicial Expertise and Error; Path Dependency and the Characteristics of Legal Regulation; Conclusion; 8. Conclusion: Aligning Contract Law and Commercial Expectations. - Empirical Studies of Commercial Contracting BehaviourNorms of the Business Relationship; The Role of the Trust in the Business Relationship; Conclusion; 4. Current Contract Law and Commercial Expectations; Tensions between Law and Commercial Contracting Behaviour; Contracts and their Contents; Conclusion; 5. Commercial Expectations and Theories of Contract Law; Distinguishing Rights-based and Efficiency Accounts of Promising; Promissory Theories; Economic Analysis of Contract; A Variable Approach?; Conclusion; 6. The Relational Theory of Contract. - The Binary Divide of Formalism and ContextualismMethods of Effecting a Relationally Constituted Contract Law; Contextual Interpretation; Contracting In or Contracting Out of Contextualism?; Conclusion; Bibliography; Index. - Departing from the literature on contract law and commercial expectations, this book moves contract law beyond a simple dichotomy between contextualist and formalist legal reasoning, to a responsive approach to the regulation of commercial agreements.
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| ISBN | 9781849461214
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