Full Description
This book makes a broad and deep contribution to the longstanding debate as to the extent to which contract and commercial law comprises a series of default rules, where the parties can 'opt out' and/or fashion their own rules by agreement. Consisting of twelve essays by world-leading scholars, it considers how a range of doctrines across the breadth of private law as applied in the commercial context can be explained and justified. In so doing it offers a uniquely broad and sustained exploration of default rules. It also moves the discussion out of the abstract sphere, by engaging on a practical level with the doctrinal questions at play. This will be of interest to both academics and practitioners in the field of commercial contracts.
Contents
1. Mandatory and Default Rules: Issues and Themes, Katy Barnett, William Day, Jonathan Morgan and Andrew Robertson
2. Default and Mandatory Rules in Contract and Commercial Law: A Judicial Perspective, Sir David Foxton
3. Default Rules, Interpretation and Risk Allocation, Andrew Robertson
4. Party Intention, Default Rules and Contract Theory, Ryan Catterwell
5. Default Rules in Contract Formation, William Day
6. Default Terms in Sale of Goods Contracts, Louise Gullifer and Louise Merrett
7. When it's Mandatory to be 'Reasonable': the Nature and Application of Reasonableness under the Unfair Contract Terms Act 1977, Devon Airey
8. Mandatory Statutory Rules, Consumer Contracts and Contractual Interpretation, Jeannie Marie Paterson
9. Frustration Dissected: Mandatory and Default Rules, Jonathan Morgan
10. Date of Breach as a Sticky Default Rule and the Role of the Court in Assessing Reasonable Mitigatory Measures, Katy Barnett
11. The Express Modification of Contract Law's Default Remedial Rules, David Winterton
12. Three Forms of Default Rules (in the Law of Unjust Enrichment), Rory Gregson
13. Equity in Commerce: Why do we need Default Rules?, Man Yip
14. From Mandatory to Default Rules: Trusts in the 'Commercial' Context, Ying Khai Liew
