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At the Limits of Adjudication

Aditi Bagchi.

in Comparative Contract Law

December 2015; p ublished online January 2016 .

Chapter. Subjects: Comparative Law; Civil Law. 9311 words.

This chapter engages in a theoretical discourse to make the case for standard terms regulation in the US. It reviews a number of theses that have been advanced for not enforcing standard...

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Availability of Specific Remedies in Chinese Contract Law

CHEN Lei.

in Studies in the Contract Laws of Asia I

February 2016; p ublished online April 2016 .

Chapter. Subjects: Civil Law; Comparative Law. 12000 words.

Chinese law adopts a middle-ground approach between the common law approach (damages is the dominant remedy) and the civil law approach (specific performance is the dominant remedy): both...

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Can Judges Use Business Common Sense in Interpreting Contracts?

Lord Hodge.

in Comparative Contract Law

December 2015; p ublished online January 2016 .

Chapter. Subjects: Comparative Law; Civil Law. 7051 words.

This chapter poses the question: can judges use business common sense in interpreting contracts? It reviews the use of contextual interpretation in the US and then lays out important...

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Comparative Asian Contract Law on the Remedies for Breach of Contract: Transplant, Convergence, and Divergence

Mindy Chen-Wishart.

in Studies in the Contract Laws of Asia I

February 2016; p ublished online April 2016 .

Chapter. Subjects: Civil Law; Comparative Law. 18606 words.

This chapter surveys all the contributions in this volume and offers some observations with reference to regional harmonization and the phenomenon of legal transplant. On the former, the...

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Comparative Contract Law

Edited by Larry DiMatteo and Martin Hogg.

December 2015; p ublished online January 2016 .

Book. Subjects: Comparative Law; Civil Law. 512 pages.

This book is the culmination of a project of twenty leading British and American contract scholars, and one UK Supreme Court Justice, to examine comparatively a number of topics from UK and...

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Contract Formation between Distant Parties

Hector L MacQueen.

in Comparative Contract Law

December 2015; p ublished online January 2016 .

Chapter. Subjects: Comparative Law; Civil Law. 12742 words.

This chapter begins by examining the evolution of offer and acceptance, along with execution in counterpart in Scottish law, before turning to modern reforms as a result of Scotland’s...

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Contractual Interpretation in the Commercial Context

Blake D Morant.

in Comparative Contract Law

December 2015; p ublished online January 2016 .

Chapter. Subjects: Comparative Law; Civil Law. 15017 words.

This chapter pursues an activist approach to contextualism, based on the more open acceptance of the use of contextual evidence in the US than in the UK. It advocates use of a broader...

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Damages under Korean Law

Tae-Yong AHN.

in Studies in the Contract Laws of Asia I

February 2016; p ublished online April 2016 .

Chapter. Subjects: Civil Law; Comparative Law. 19551 words.

Damages are an important remedy available to the creditor when non-performance and loss are proven. Fault is presumed for non-performance, and exemption on the ground of no fault is rare....

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The Death of Consent?

Peter A Alces.

in Comparative Contract Law

December 2015; p ublished online January 2016 .

Chapter. Subjects: Comparative Law; Civil Law. 20162 words.

This chapter questions the usefulness of contract law’s core structural element—the consensual nature of contractual obligation. It examines the seminal US Supreme Court case of Carnival...

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Defects of Consent in English Law

Séverine Saintier.

in Comparative Contract Law

December 2015; p ublished online January 2016 .

Chapter. Subjects: Comparative Law; Civil Law. 8714 words.

This chapter examines the English law relating to defects in the giving of consent to contract, the dichotomy between party autonomy and the sanctity of contract, and the notion of quality...

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