Implicit Dimensions of Contract: Discrete, Relational, and Network Contracts by

Description: Implicit Dimensions of Contract by David Campbell, Hugh Collins, John Wightman This book explores the significance of implicit understandings and tacit expectations of the parties to different kinds of contractual agreements. FORMAT Paperback LANGUAGE English CONDITION Brand New Publisher Description This collection of essays, derived from an international workshop, explores the significance of implicit understandings and tacit expectations of the parties to different kinds of contractual agreements, ranging from simple discrete transactions to long-term associational agreements such as those formed in companies. An interdisciplinary and comparative approach is used to investigate how the law comprehends and gives effect to the these implicit dimensions of contracts. The significance of this enquiry is found not only in relation to the interpretation of contracts in many different contexts, but more fundamentally in how social practices involved in making contracts should be analysed and comprehended. Author Biography David Campbell is Professor of International Business Law at the University of Leeds.Hugh Collins is Professor of English Law at the London School of Economics.John Wightman is a Lecturer and Head of Kent Law School, Canterbury. Table of Contents List of Contributors1. Introduction: The Research Agenda of Implicit Dimensions of ContractsHugh Collins2. Discovering the Implicit Dimensions of ContractsDavid Campbell and Hugh Collins3. The Real and the Paper Deal: Empirical Pictures of Relationships,Complexity and the Urge for Transparent Simple RulesStewart Macaulay4. After Investors: Interpretation, Expectation and the Implicit Dimension of the New ContextualismRoger Brownsword5. Beyond Custom: Contract, Contexts, and the Recognition of Implicit UnderstandingsJohn Wightman6. A Comparison of British and American Attitudes Towards the Exercise of Judicial Discretion in Contract LawWilliam C Whitford7. Reflections on Relational Contract Theory after a Neo-classical SeminarIan R Macneil8. Discretionary Powers in ContractsHugh Collins9. Recontractualising the Corporation: Implicit Contract as IdeologyPaddy Ireland10. Implicit Contracts, Takeovers, and Corporate Governance: In the Shadow of the City CodeSimon Deakin, Richard Hobbs, David Nash and Giles Slinger11. Expertise as Social Institution: Internalising Third Parties into the ContractGunther Teubner12. Implicit Dimensions of Contract and the Oppression of Minority ShareholdersChristopher RileyIndexCONTENTS: Introduction: Hugh Collins (LSE); The Real Deal and the Paper Deal: Empirical Pictures, Complexity, and the Urge for the Magic of Transparent, Simple Rules: Stewart Macaulay (Wisconsin); Beyond Custom: Contract, Contexts, and the Recognition of Implicit Understandings: John Wightman (Kent); After Investors: Interpretation, Expectation and the Implicit Ethic of Contract: Roger Brownsword (Sheffield); The Want of Consideration for Fairness: David Campbell (Cardiff); A Comparison of British and American Attitudes Towards the Exercise of Judicial Discretion in Contract Law: William Whitford (Wisconsin); Discretionary Powers in Contracts: Hugh Collins (LSE); Expertise as Social Institution: Internalising Third Parties into the Contract: Gunther Teubner (Frankfurt); Implicit Contracts and the Corporation: Paddy Ireland (Kent); How Do, and How Should, Courts Deal with Implicit Contracts? Lessons from the Corporate Context: Chris Riley (Durham); Implicit Contracts and the Evolution of Corporate Governance: The Case of the City Code on Takeovers and Mergers: Simon Deakin, Richard Hobbs,David Nash and Giles Slinger (Cambridge University); Reflections on Relational Contract Theory after a Neo-classical Seminar: Ian Macneil (Northwestern) Long Description This collection of essays, derived from an international workshop, explores the significance of implicit understandings and tacit expectations of the parties to different kinds of contractual agreements, ranging from simple discrete transactions to long-term associational agreements such as those formed in companies. An interdisciplinary and comparative approach is used to investigate how the law comprehends and gives effect to the these implicit dimensions of contracts. The significance of this enquiry is found not only in relation to the interpretation of contracts in many different contexts, but more fundamentally in how social practices involved in making contracts should be analysed and comprehended. CONTENTS: Introduction: Hugh Collins (LSE); The Real Deal and the Paper Deal: Empirical Pictures, Complexity, and the Urge for the Magic of Transparent, Simple Rules: Stewart Macaulay (Wisconsin); Beyond Custom: Contract, Contexts, and the Recognition of Implicit Understandings: John Wightman (Kent); After Investors: Interpretation, Expectation and the Implicit Ethic of Contract: Roger Brownsword (Sheffield); The Want of Consideration for Fairness: David Campbell (Cardiff); A Comparison of British and American Attitudes Towards the Exercise of Judicial Discretion in Contract Law: William Whitford (Wisconsin); Discretionary Powers in Contracts: Hugh Collins (LSE); Expertise as Social Institution: Internalising Third Parties into the Contract: Gunther Teubner (Frankfurt); Implicit Contracts and the Corporation: Paddy Ireland (Kent); How Do, and How Should, Courts Deal with Implicit Contracts? Lessons from the Corporate Context: Chris Riley (Durham); Implicit Contracts and the Evolution of Corporate Governance: The Case of the City Code on Takeovers and Mergers: Simon Deakin, Richard Hobbs,David Nash and Giles Slinger (Cambridge University); Reflections on Relational Contract Theory after a Neo-classical Seminar: Ian Macneil (Northwestern) Review Quote Richard F. Devlin writing in Canadian Business Law Journal March 2004. Details ISBN1841133493 Short Title IMPLICIT DIMENSIONS OF CONTRAC Series International Studies in the Theory of Private Law Language English ISBN-10 1841133493 ISBN-13 9781841133492 Media Book Format Paperback Illustrations Yes Year 2003 Imprint Hart Publishing Subtitle Discrete, Relational, and Network Contracts Place of Publication Oxford Country of Publication United Kingdom Edited by Hugh Collins Birth 1953 Series Number 02 Author John Wightman DEWEY 346.02 DOI 10.1604/9781841133492 UK Release Date 2003-07-16 NZ Release Date 2003-07-16 Pages 396 Publisher Bloomsbury Publishing PLC Publication Date 2003-07-16 Audience Undergraduate AU Release Date 2003-07-15 We've got this At The Nile, if you're looking for it, we've got it. With fast shipping, low prices, friendly service and well over a million items - you're bound to find what you want, at a price you'll love! TheNile_Item_ID:15323869;

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