Wildy Logo
(020) 7242 5778
enquiries@wildy.com

Book of the Month

Cover of Taylor on Criminal Appeals

Taylor on Criminal Appeals

Edited by: Paul Taylor QC
Price: £240.00

Saggerson on Travel Law and Litigation 7th ed



  


Welcome to Wildys

Watch


A Practitioner's Guide to Probate Disputes 2nd ed



  


Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Interpretation of Commercial Contracts in European Private Law

Edited by: Cornelis J.W. Baaij, Laura Macgregor, David Cabrelli

ISBN13: 9781780689593
Published: August 2020
Publisher: Intersentia Publishers
Country of Publication: UK
Format: Paperback
Price: £123.00



Low stock.

This book is a unique and extensive comparative study of commercial contract interpretation across 14 selected jurisdictions, namely Croatia, England and Wales, Finland, France, Germany, Greece, Italy, The Netherlands, Poland, Portugal, Scotland, South Africa, Spain and Sweden. Using a dynamic comparative case method, the focus is centered on the discussion of key legal problems, further examined in a detailed and comprehensive comparative analysis. In this way, the book makes important advancements in the general understanding of contract interpretation in European private law in three respects. First, it enriches the conventional conceptual framework for the methods of contract interpretation by distinguishing between interpretation aims and means. Second, it challenges the presumptive division of common law and civil law jurisdictions, for example, the assumption that civil systems follow a subjective approach and common law systems an objective approach to interpretation of contract. Third, the book provides a more subtle analysis of the role of standards of ‘good faith’ in contract interpretation.

A common core of contract interpretation in European private law that is inferred from the national reports is that every legal system strives to reach a compromise between staying true to the intentions of the parties, assessing what a reasonable person would understand from the contract drafting, and preventing outcomes that are unfair or unjust. Each court draws on the material available to it in order to reach this compromise. Conversely, the differences between the jurisdictions pertain to what constitutes a common intention between the contracting parties and reasonableness, and what the appropriate methods are by which these could best be ascertained. Here, the jurisdictions reveal a variety of conceptual, doctrinal and pragmatic similarities and distinctions.

Interpretation of Commercial Contracts in European Private Law presents valuable insights and thoughtful analysis that will be highly relevant to academics, practitioners and students of European private law and contract law.

Subjects:
Contract Law
Contents:
Part I. Introductory Matters
Introduction
Designing a Method to Compare Interpretation Methods
The Law and Economics of Contract Interpretation
Interpretation in the Principles of European Contract Law, the Draft Common Frame of Reference and the Common European Sales Law
Opening Remarks on the National Reports
Part II. Case Studies
Case 1: Jewellers King
Case 2: Botanical Fruits
Case 3: Cocktail Parties
Case 4: Animal Waste
Case 5: Shower Valves
Case 6: Call Centre
Case 7: Biscuit
Case 8: Crates of Beer
Case 9: Crystal Vases
Case 10: The Machine
Part III. General Conclusions
Conclusions
References
Appendix I: The Editorial Instructions for the National Reporters
Appendix II: The Questionnaire
Index