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Contract Law and Contract Practice : Bridging the Gap between Legal Reasoning and Commercial Expectation by Catherine Mitchell is a nonfiction available to read on EtoBox.

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An oft-repeated assertion within contract law scholarship and cases is that a good contract law (or a good commercial contract law) will meet the needs and expectations of commercial contractors. Despite the prevalence of this statement, relatively little attention has been paid to why this should be the aim of contract law, how these ‘commercial expectations’ are identified and given substance, and what precise legal techniques might be adopted by courts to support the practices and expectations of business people. This book explores these neglected issues within contract law. It examines the idea of commercial expectation, identifying what expectations commercial contractors may have about the law and their business relationships (using empirical studies of contracting behaviour), and assesses the extent to which current contract law reflects these expectations. It considers whether supporting commercial expectations is a justifiable aim of the law according to three well-established theoretical approaches to contractual obligations: rights-based explanations, efficiency-based (or economic) explanations and the relational contract critique of the classical law. It explores the sp

Who reads Contract Law and Contract Practice : Bridging the Gap between Legal Reasoning and Commercial Expectation?

Author

Catherine Mitchell

Publisher

Bloomsbury Publishing (UK) Hart Publishing

Published

2013

Language

EN

ISBN

9781782253136

Category

nonfiction