Contract Terms

Author: Andrew Burrows; Edwin Peel
Publisher: Oxford University Press
ISBN: 9780199229376
Published In: July 2007
Format: Hardback , 388 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

Out of stock

Description
Contents
Author

Details

Topical discussion of contract terms
Covers an area of central importance to all commercial lawyers
Unique and in-depth examination of the principles and policies involved in this area
Division of the work into three main sections (Construction and interpretation, Legislative control of exemption clauses and unfair terms, Issues relating to particular types of term) offers a structured, clear and focused presentation of the papers

This book contains the papers written for the seventh volume in the Oxford-Norton Rose Law Colloquium Series, which was held in St Hugh's College, Oxford, on 22nd-23rd September, 2006. As with past colloquia, this brought together practitioners (solicitors, barristers and Judges) and academics to examine and discuss an area of commercial law. The belief underpinning all the colloquia has been that the sharing of views on central topics of commercial law can only work to the mutual advantage of both academics and practitioners. The topic chosen this year was Contract Terms which is a topic of everyday importance to all commercial lawyers. It is also an area in which academics have become increasingly interested in recent years.

The book begins with an introduction by the editors which draws out the central features of the discussions at the colloquium. It is followed by an introductory practitioners' perspective written by Richard Calnan of Norton Rose.

The colloquium papers have then been divided into three main sections. The first on 'Construction and Interpretation' comprises the papers written by Gerard McMeel, Edwin Peel, Andrew Burrows, Robert Stevens and Stefan Vogenauer. The second on 'Legislative Control of Exemption Clauses and Unfair Terms' has papers by Elizabeth MacDonald, Susan Bright and Hugh Beale. The third on 'Issues Related to Particular Types of Term' looks at entire agreement clauses, termination clauses, force majeure clauses, retention of title clauses and choice of law clauses. This third section contains chapters written by John Cartwright, Ewan McKendrick, Simon Whittaker, Louise Gullifer and Adrian Briggs.

The papers have all been written by eminent academics and together they provide a stimulating and up-to-date examination of Contract Terms. The book will be essential reading for all solicitors involved in drafting contracts or in commercial litigation, commercial barristers, and academics interested in contract and commercial law. The foreword has been written by the senior Law Lord, Lord Bingham of Cornhill.

Readership: This work would be of interest to solicitors and barristers practising commercial law, and academics studying contract and commercial law.

Lord Bingham of Cornhill: Foreword
1: Andrew Burrows and Ed Peel: Introduction
2: Richard Calnan: Construction of Commercial Contracts: A Practitioner's Perspective
PART I: Construction and Interpretation
3: Gerard McMeel: Overview: the Principles and Policies of Contractual Construction
4: Edwin Peel: Whither Contra Proferentem?
5: Andrew Burrows: Construction and Rectification
6: Robert Stevens: Objectivity, Mistake and the Parol Evidence Rule
7: Stefan Vogenauer: Interpretation of Contracts: Concluding Comparative Observations
PART II: Legislative Control of Exemption Clauses and Unfair Terms
8: Elizabeth MacDonald: UCTA thirty years on
9: Susan Bright: Unfairness and the Consumer Contract Regulations
10: Hugh Beale: Exclusion and Limitation Clauses in Business Contracts: Transparency
PART III: Issues Relating to Particlular Types of Term
11: John Cartwright: Excluding Liability for Misrepresentation
12: Ewan McKendrick: Force Majeure Clauses: the Gap between Doctrine and Practice
13: Simon Whittaker: Termination Clauses
14: Louise Gullifer: Retention of Title Clauses: a Question of Balance
15: Adrian Briggs: Contractual Agreements on Choice of Law: Some Notes Towards an Understanding of their Relative Effect

Edited by Andrew Burrows, Norton Rose Professor of Commercial Law in the University of Oxford; Fellow of St Hugh's College; Honorary Bencher of Middle Temple; Barrister, Fountain Court Chambers, and Edwin Peel, Fellow and Tutor in Law, Keble College, Oxford University; Solicitor, and Consultant, Clifford Chance LLP

Contributors:

Richard Calnan, Norton Rose

Gerard McMeel, University of Bristol; Guildhall Chambers

Edwin Peel, Keble College, University of Oxford

Robert Stevens, Lady Margaret Hall, University of Oxford

Andrew Burrows, St Hugh's College, University of Oxford

Stefan Vogenauer, Brasenose College, University of Oxford

Elizabeth MacDonald, University of Wales, Swansea

Susan Bright, New College, University of Oxford

Hugh Beale, University of Warwick; Law Commission

John Cartwright, Christ Church College, University of Oxford

Ewan McKendrick, Lady Margaret Hall, University of Oxford