Commercial Contract Law: Transatlantic Perspectives

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Commercial Contract Law: Transatlantic Perspectives

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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.

• Presents a comparative, multidisciplinary and scholarly assessment of the current state of commercial contract law in the US, the UK and to some extent in Europe • Takes a wide range of theoretical approaches to study commercial contract • 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

Part I: The Role of Consent	1
1. Transatlantic Perspectives: Fundamental Themes and Debates Larry A. DiMatteo, Qi Zhou, and Séverine Saintier	3
2. Competing Theories of Contract: An Emerging Consensus? Martin A. Hogg	14
3. Contracts, Courts, and the Construction of Consent Thomas W. Joo	41
4. Are Mortgage Contracts Promises? Curtis Bridgeman	67
Part II: Normative Views of Contract	83
5. Naturalistic Contract Peter A. Alces	85
6. Contract in a Networked World Roger Brownsword	116
7. Contract Transactions and Equity T. T. Arvind	146
Part III: Contract Design and Good Faith	179
8. The Duty to Draft Reasonably and Online Contracts Nancy S. Kim	181
9. Managing Change in Uncertain Times: Relational View of Good Faith Zoe Ollerenshaw	201
Part IV: Implied Terms and Interpretation	223
10. Implied Terms in English Contract Law Richard Austen-Baker	225
11. Contract Interpretation: Judicial Role Not Parties’ Choice Juliet P. Kostritsky	240
Part V: Policing Contracting Behavior	287
12. The Paradox of the French Method for Calculating the Compensation of Commercial Agents and the Importance of Conceptualising the Remedial Scheme under Directive 86/653 Séverine Saintier	289
13. Unconscionability in American Contract Law: A Twenty-First-Century Survey Charles L. Knapp	309
14. Unfair Terms in Comparative Perspective: Software Contracts Jean Braucher	339
15. (D)CFR Initiative and Consumer Unfair Terms Mel Kenny	366
Part VI: Misrepresentation, Breach, and Remedies	383
16. Remedies for Misrepresentation: An Integrated System David Capper	385
17. Re-Examining Damages for Fraudulent Misrepresentation: Towards a More Measured Response to Compensation and Deterrence James Devenney	416
18. Remedies for a Documentary Breach: English Law and the CISG Djakhongir Saidov	434
19. The Irrelevance of the Performance Interest: A Comparative Analysis of “Keep-Open” Covenants in Scotland and England David Campbell and Roger Halson	466
Part VII: Harmonizing Contract Law	503
20. Harmonisation of European Contract Law: Default and Mandatory Rules Qi Zhou	505
21. Europeanisation of Contract Law and the Proposed Common European Sales Law Hector L. MacQueen	529
22. Harmonization of International Sales Law Larry A. DiMatteo	559

Larry A. DiMatteo, University of Florida
Dr Qi Zhou, University of Sheffield
Dr Severine Saintier, University of Sheffield
Professor Keith Rowley, University of Nevada, Las Vegas