| Description |
1 online resource (624 pages) |
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text file |
| Contents |
Cover; Commercial Contract Law; Title; Copyright; Dedication; Brief Contents; Contents; Contributors; Foreword; Part I The Role of Consent; 1 Transatlantic Perspectives; I. Legacy of Rob Bradgate; A. Commercial Contract Law in the United Kingdom and United States; 1. Statutory Interventions into the Common Law; 2. Divergence, Convergence, and Law Reform; B. Major Themes; 1. Topical Preview; 2. Consent and Promise; 3. Theories of Contract, Networks, and Equity; 4. Discrete and Relational Contracting; 5. Implied Terms and Contract Interpretation; 6. Contract Law's Regulatory Function. |
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7. Misrepresentation and Breach8. Contract and Sales Law Harmonization; II. Conclusion; 2 Competing Theories of Contract; I. Introduction; II. The Competing Theories of Contract; A. Contract as Based upon Promises; B. Contract as Based upon Agreement; C. Contract as Based upon Reliance; D. Contract as Based upon the Assumption of Legally Binding Obligations; E. Contract as Based upon the Transfer of Rights; F. Contract as Based upon Relationship; G. Conclusion on Competing Theories of Contract; III. Connections between Competing Theories of Contract. |
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IV. Future Developments of Contract Theory: An Emerging Consensus?V. Conclusion; 3 Contracts, Courts, and the Construction of Consent; I. Introduction; II. Conflation of Efficiency and Consent; III. Illusory Nature of Party-Centrism; IV. Candor in the Judicial Construction of Consent; V. Conclusion; 4 Are Mortgage Contracts Promises?; I. Introduction; II. Why Do People Make Promises?; III. Are Contracts Promises?; IV. Are Mortgage Contracts Typically Promises?; V. If Modern Mortgage Contracts Are Typically Not Promises, Is Strategic Default Morally Acceptable After All?; VI. Conclusion. |
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Part II Normative Views of Contract5 Naturalistic Contract; I. Introduction; II. Essential Normativity of Contract Doctrine; III. Minimum Content of Natural Contract Law; IV. Limits of Empiricism?; V. Dualism; VI. Is Naturalism Fallacious?; VII. So What?; 6 Contract in a Networked World; I. Introduction; II. Three Test Cases; A. Clarke v. Dunraven; B. OFT v. Lloyds TSB; C. The Eurymedon; D. Reasonable Expectations; III. The Basis for Network Effects: Consumer Contracts; A. The Nature of the Modern Regulation of Consumer Transactions; B. Networks and OFT v. Lloyds TSB. |
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1. The Legislative Approach2. The Courts' Approach; 3. The Boyack Hypothetical; 4. Beyond OFT v. Lloyds TSB; IV. The Basis for Network Effects: Commercial Contracts; A. The Nature of the Modern Regulation of Commercial Transactions; B. The "Hoffmannisation" of Contract Law; C. Network Effects and The Eurymedon; D. Beware the Classical Inheritance; E. Big Businesses, Small Businesses, and Shopping Malls; V. The Basis for Network Effects: Private Contracts; VI. Conclusion; VII. Coda; 7 Contract Transactions and Equity; I. Introduction; II. Equity in a Contractual Context. |
| Note |
III. Equitable Principles and Contract Law. |
| Summary |
This book is a comparative look at the law of commercial contracts as constructed by the US and UK legal systems. |
| Bibliography |
Includes bibliographical references and index. |
| Local Note |
eBooks on EBSCOhost EBSCO eBook Subscription Academic Collection - North America |
| Subject |
Contracts -- United States.
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Contracts. |
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United States. |
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Contracts -- Great Britain.
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Great Britain. |
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Commercial law -- United States.
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Commercial law. |
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Commercial law -- Great Britain.
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Common law -- United States.
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Common law. |
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Common law -- Great Britain.
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| Genre/Form |
Electronic books.
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| Added Author |
Zhou, Qi (Law teacher)
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Saintier, Séverine.
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Rowley, Keith.
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| Other Form: |
Print version: DiMatteo, Larry A. Commercial Contract Law : Transatlantic Perspectives. Cambridge : Cambridge University Press, ©2013 9781107028081 |
| ISBN |
9781107314511 (electronic book) |
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1107314518 (electronic book) |
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1139235664 (electronic book) |
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9781139235662 (electronic book) |
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9781107306769 (electronic book) |
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1107306760 (electronic book) |
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9781299009097 (MyiLibrary) |
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1299009093 (MyiLibrary) |
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9781107308961 |
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1107308968 |
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9781107028081 |
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1107028086 |
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9781107438583 (paperback) |
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1107438586 (paperback) |
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