基本説明
This book contains the papers written for the Colloquium held in September 2006.
Full Description
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.
Contents
Foreword ; 1. Introduction ; 2. Construction of Commercial Contracts: A Practitioner's Perspective ; PART I: CONSTRUCTION AND INTERPRETATION ; 3. Overview: the Principles and Policies of Contractual Construction ; 4. Whither Contra Proferentem? ; 5. Construction and Rectification ; 6. Objectivity, Mistake and the Parol Evidence Rule ; 7. Interpretation of Contracts: Concluding Comparative Observations ; PART II: LEGISLATIVE CONTROL OF EXEMPTION CLAUSES AND UNFAIR TERMS ; 8. UCTA thirty years on ; 9. Unfairness and the Consumer Contract Regulations ; 10. Exclusion and Limitation Clauses in Business Contracts: Transparency ; PART III: ISSUES RELATING TO PARTICLULAR TYPES OF TERM ; 11. Excluding Liability for Misrepresentation ; 12. Force Majeure Clauses: the Gap between Doctrine and Practice ; 13. Termination Clauses ; 14. Retention of Title Clauses: a Question of Balance ; 15. Contractual Agreements on Choice of Law: Some Notes Towards an Understanding of their Relative Effect
