Contract Law and Contract Practice

Contract Law and Contract Practice

4.11 - 1251 ratings - Source

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.... to control the legal a#39;grey areaa#39; between negotiations and the a#39;final contracta#39; with letters of agreements, heads of agreement and so on. ... A series of letters of intent rather than a final contract may appear to the law to signal the short-term nature of the ... Use of such a#39;informala#39; measures may therefore be a manifestation of the parties consciously pursuing a contracting ... The latter are designed to guide contract performance during an extended negotiating process so the parties cananbsp;...

Title:Contract Law and Contract Practice
Author:Catherine Mitchell
Publisher:Bloomsbury Publishing - 2013-12-02


You Must CONTINUE and create a free account to access unlimited downloads & streaming