Comparative Contract Law

British and American Perspectives

Edited by Larry DiMatteo and Martin Hogg

Provides comparative commentary on the UK and US perspective on contract law
Includes an editorial commentary on each topic, reflecting on the two perspectives and their similarities and differences
Discusses Scottish contract law, as well as the common law of England and Wales

Comparative Contract Law

British and American Perspectives

Edited by Larry DiMatteo and Martin Hogg

Description

Bringing together leading commercial and contract law scholars from the United Kingdom and United States, Comparative Contract Law: British and American Perspectives offers an insightful and comprehensive assessment of the commonalities and divergences in the contract law of these two jurisdictions. Approaching the subject area from a variety of perspectives - doctrinal analysis, behavioral analysis, law and economics, and theoretical - the book examines familiar areas of contract law as practiced in the UK and US. Topics include contract theory and structure; contract formation and defects of consent; policing contracts and the duty of good faith; contract interpretation; damages; speciality contracts; and legal reform.

The volume provides a thorough assessment of the current state of commercial contract law in the UK and US, and addresses the strengths and weaknesses of the national and European approaches to many issues of contract law. In particular it focuses on how commercial contract law should be improved, and whether harmonization of the different contract law regimes is a suitable, and appropriate, solution.

Comparative Contract Law

British and American Perspectives

Edited by Larry DiMatteo and Martin Hogg

1. Introduction: American, Anglo and Scottish Contract Law, Martin Hogg and Larry A. DiMatteo
Part I: Contract Theory and Structure
2. The Death of Consent?, Peter Alces
3. Saying With Me Mean: Fundamental Structure Language in Contract Law, Martin Hogg
4. The Nature and Timing of Contract Formation, Shawn J. Bayern
5. Contract Formation Between Distant Parties: The Scottish Experience, Hector L. MacQueen
6. Quality of Consent and Distributive Fairness: A Comparative Perspective, Jeffrey L. Harrison
Part II: Policing of Contracts
8. Inequality of Bargaining Power and 'Cure' by Information Provision, Elizabeth Macdonald
9. Reassessing Assent-Based Critiques: Adhesion Contracts, Daniel D. Barnhizer
10. Good Faith in the Performance of a Contract in English Law, Ewan McKendrick
11. History and Theory of Good Faith Performance in the United States, Steven J. Burton
Part III: Interpretation
12. Interpreting Commercial Contracts: The Policing Role of Context in English Law, Catherine E. Mitchell
13. Contractual Interpretation in the Commercial Context, Black D. Morant
14. Can Judges Use Business Common Sense in Interpreting Contracts?, Lord Hodge
Part IV: Damages
15. Market Damages and the Invisible Hand, David Campbell
16. The Rights to Perfrom After Repudiation and Recover the Contract Price in Anglo-American Law, Mark P. Gergen
Part V: Specialty Contracts
17. Three Sales Laws and the Common Law of Contracts, Larry A. DiMatteo
18. Defining Agency and its Scope, Deborah DeMott
19. Defining Agency and its Scope, Laura Macgregor
Part VI: Legal Reform
20. Standard Terms in Consumer Contracts: The Challenges of Law Reform in English Law, Christan Twigg-Flessner
21. At the Limits of Adjudication: Standard Terms in Consumer Contracts, Aditi Bagchi

Comparative Contract Law

British and American Perspectives

Edited by Larry DiMatteo and Martin Hogg

Author Information

Larry DiMatteo, Huber Hurst Professor of Contract Law and Legal Studies, University of Florida,Martin Hogg, Professor of the Law of Obligations, University of Edinburgh

Larry A. DiMatteo is the Huber Hurst Professor at Warrington College of Business Administration, University of Florida. He received his J.D. from the Cornell Law School, his LLM from Harvard Law School, and his PhD from Monash University. He is the former Chair of the Department of Management at the University of Florida and Editor-in-Chief of the American Business Law Journal.

Martin Hogg is Professor of the Law of Obligations at the University of Edinburgh Law School, where he is currently serving as its Deputy Head. He is the Editor of the Edinburgh Law Review. Professor Hogg has researched and published extensively in all aspects of the law of obligations.

Contributors:

Peter A Alces is the Rita Anne Rollins Professor of Law at The Marshall-Wythe School of Law at the College of William & Mary.

Aditi Bagchi is an Associate Professor of Law at Fordham University.

Daniel D Barnhizer is Professor of Law & Bradford Stone Faculty Scholar at the Michigan State University.

Shawn J Bayern is the Larry & Joyce Beltz Professor of Torts at the Florida State University.

Steven J Burton is the John F Murray Professor at the University of Iowa.

David Campbell is a Professor at University of Lancaster.

Deborah A DeMott is the David F Cavers Professor at Duke University.

Larry A DiMatteo is the Huber Hurst Professor of Contract Law & Legal Studies at the University of Florida.

Mark Gergen is the Robert & Joann Burch D P Professor of Tax Law & Policy at the University of California, Berkeley.

Jeffrey L Harrison is a Professor and holds the Stephen C O'Connell Chair at the University of Florida.

Rt Hon Lord Hodge is a Justice of the The Supreme Court, United Kingdom.

Martin Hogg is Professor of the Law of Obligations & Deputy Head of School at the University of Edinburgh.

Elizabeth Macdonald is Professor of Law at the Swansea University.

Hector MacQueen is Professor of Private Law at the University of Edinburgh & Scottish Law Commissioner.

Laura Macgregor is Professor of Commercial Law Contract Law at the University of Edinburgh.

Ewan McKendrick is Registrar and Professor of Private English Law & Fellow of Lady Margaret Hall, University of Oxford.

Catherine Mitchell is a Reader in Law at University of Hull.

Blake D Morant is the Dean & Robert Kramer Research Professor of Law, George Washington University.

Séverine Saintier is a Senior Lecturer at the University of Exeter.

Christian Twigg-Flesner is Professor of Commercial Law at the University of Hull.

Qi Zhou is an Associate Professor at the University of Leeds.