Implicit Dimensions of Contract: Discrete, Relational, and Network Contracts

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David Campbell, Hugh Collins, John Wightman
Hart Publishing, Jul 30, 2003 - Law - 401 pages
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.
 

Contents

The Research Agenda of Implicit Dimensions of Contracts
1
2 Discovering the Implicit Dimensions of Contracts
25
Empirical Pictures of Relationships Complexity and the Urge for Transparent Simple Rules
51
Interpretation Expectation and the Implicit Dimension of the New Contextualism
103
Contract Contexts and the Recognition of Implicit Understandings
143
6 A Comparison of British and American Attitudes Towards the Exercise of Judicial Discretion in Contract Law
187
7 Reflections on Relational Contract Theory after a Neoclassical Seminar
207
8 Discretionary Powers in Contracts
219
Implicit Contract as Ideology
255
In the Shadow of the City Code
289
Internalising Third Parties into the Contract
333
12 Implicit Dimensions of Contract and the Oppression of Minority Shareholders
365
Index
397
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About the author (2003)

As a child in New York, author Joseph Campbell (1904-1987) became interested in Native Americans and mythology through books about American Indians and visits to the American Museum of Natural History. He wrote more than 40 books including The Hero with a Thousand Faces (1949), The Mythic Image (1974), and The Power of Myth (1988) with Bill Moyers, and is now considered one of the foremost interpreters of sacred tradition in modern time. Campbell earned his B.A. and M.A. degrees at Columbia University in 1925 and 1927, but quit the doctoral program when he was told that mythology was not an acceptable subject for his thesis. He subsequently studied medieval French and Sanskrit in Paris and Germany, taught at the Canterbury School, and in 1934, joined the literature department at Sarah Lawrence College. During the 1940s and 1950s he collaborated with Swami Nikhilananda on translations of the Upanishads and The Gospel of Sri Ramakrishna. Hugh Collins is the Vinerian Professor of English Law, All Souls' College Oxford Photo courtesy of Faculty of Law, University of Oxford.

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