Implicit Dimensions of Contract: Discrete, Relational, and Network ContractsDavid Campbell, Hugh Collins, John Wightman 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 |
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Common terms and phrases
agreed agreement ALCOA American analysis approach argued bargain breach claim clause co-operation Code commercial contracts Companies Act 1985 company law consumer context contract law contractual relationships contractualists corporate costs courts default rules dimensions of contracts directors discretionary power doctrine duties Easterbrook and Fischel economic efficiency employees enforce entitlement-based essential contract theory example exercise expert liability expertise express terms faith fiduciary formal Ian Macneil Ibid implicit contract implicit dimensions implicit understandings implied terms institutional interests interpretation investors joint stock judges lawyers legal realism legal reasoning long-term Lord Hoffmann Macneil Mannai meaning ment negotiation norms obligations organisations particular performance personal consumption model practice practice-based principle problem protection question rational choice theory reasonable expectations recognised regulation relational contract risk role share shareholders social standard form standard form contracts takeover third party tion tract trade transaction trust Uniform Commercial Code written contract
References to this book
Legal Orderings and Economic Institutions Fabrizio Cafaggi,Antonio Nicita,Ugo Pagano No preview available - 2007 |