Implicit Dimensions of Contract (eBook, PDF)

Discrete, Relational, and Network Contracts
Redaktion: Campbell, David; Wightman, John; Collins, Hugh

• Format: PDF

Produktbeschreibung

This collection of essays, derived from an international workshop, explores the significance of implicit understandings and tacit expectations of the parties to different kinds of contractual agreements, ranging from simple discrete transactions to long-term associational agreements such as those formed in companies. An interdisciplinary and comparative approach is used to investigate how the law comprehends and gives effect to the these implicit dimensions of contracts. The significance of this enquiry is found not only in relation to the interpretation of contracts in many different contexts, but more fundamentally in how social practices involved in making contracts should be analysed and comprehended.

Produktdetails

• Verlag: Bloomsbury eBooks UK
• Seitenzahl: 396
• Erscheinungstermin: 16. Juli 2003
• Englisch
• ISBN-13: 9781847312174
• Artikelnr.: 52926972

Autorenporträt

David Campbell is Professor of International Business Law at the University of Leeds. Hugh Collins is Professor of English Law at the London School of Economics. John Wightman is a Lecturer and Head of Kent Law School, Canterbury.

Inhaltsangabe

List of Contributors
1. Introduction: The Research Agenda of Implicit Dimensions of Contracts
Hugh Collins
2. Discovering the Implicit Dimensions of Contracts
David Campbell and Hugh Collins
3. The Real and the Paper Deal: Empirical Pictures of
Relationships,Complexity and the Urge for Transparent Simple Rules
Stewart Macaulay
4. After Investors: Interpretation, Expectation and the Implicit Dimension
of the 'New Contextualism'
Roger Brownsword
5. Beyond Custom: Contract, Contexts, and the Recognition of Implicit
Understandings
John Wightman
6. A Comparison of British and American Attitudes Towards the Exercise of
Judicial Discretion in Contract Law
William C Whitford
7. Reflections on Relational Contract Theory after a Neo-classical Seminar
Ian R Macneil
8. Discretionary Powers in Contracts
Hugh Collins
9. Recontractualising the Corporation: Implicit Contract as Ideology
Paddy Ireland
10. Implicit Contracts, Takeovers, and Corporate Governance: In the Shadow
of the City Code
Simon Deakin, Richard Hobbs, David Nash and Giles Slinger
11. Expertise as Social Institution: Internalising Third Parties into the
Contract
Gunther Teubner
12. Implicit Dimensions of Contract and the Oppression of Minority
Shareholders
Christopher Riley
Index
CONTENTS: Introduction: Hugh Collins (LSE); The Real Deal and the Paper
Deal: Empirical Pictures, Complexity, and the Urge for the Magic of
Transparent, Simple Rules: Stewart Macaulay (Wisconsin); Beyond Custom:
Contract, Contexts, and the Recognition of Implicit Understandings: John
Wightman (Kent); After Investors: Interpretation, Expectation and the
Implicit Ethic of Contract: Roger Brownsword (Sheffield); The Want of
Consideration for Fairness: David Campbell (Cardiff); A Comparison of
British and American Attitudes Towards the Exercise of Judicial Discretion
in Contract Law: William Whitford (Wisconsin); Discretionary Powers in
Contracts: Hugh Collins (LSE); Expertise as Social Institution:
Internalising Third Parties into the Contract: Gunther Teubner (Frankfurt);
Implicit Contracts and the Corporation: Paddy Ireland (Kent); How Do, and
How Should, Courts Deal with Implicit Contracts? Lessons from the Corporate
Context: Chris Riley (Durham); Implicit Contracts and the Evolution of
Corporate Governance: The Case of the City Code on Takeovers and Mergers:
Simon Deakin, Richard Hobbs,David Nash and Giles Slinger (Cambridge
University); Reflections on Relational Contract Theory after a
Neo-classical Seminar: Ian Macneil (Northwestern)