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Implicit Dimensions of Contract : Discrete, Relational, and Network Contracts - BLOOMSBURY ACADEMIC

Implicit Dimensions of Contract

Discrete, Relational, and Network Contracts

Paperback

Published: 16th July 2003
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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)

Table of Cases
Table of Abbreviations
The Substantive Law Background in Europe and its Significance for Private International Law
The substantive law in Europe
The Significance of the Substantive Law Background for Private International Law
General Remarks on Insurance Conflict of Laws
Admission of Insurance and Reinsurance Services and Products to the EU Market-Conflict of Laws Issues
Jurisdictional Recognition and Enforcement of Judgments Problems and Possible Solutions
Jurisdictional Problems and Possible Solutions: Preliminary Observations
The special rules of the Brussels Regulation and Lugano Convention for insurance and reinsurance disputes
Cross-border Co-operation Regarding Litigation in Insurance and Reinsurance Matters: Preliminary Observations
Recognition and Enforcement of Judgments in Insurance and Reinsurance Matters
Forum shopping
The Law Applicable to Insurance and Reinsurance Contracts under the 1980 Rome Convention and the EC Insurance Directives
The 1980 Rome Convention and the Law Applicable to Insurance and Reinsurance Contracts
The Choice of Law Rules in the Second and Third Non-Life Directives
Applicable Law under the Second and Third-Life Assurance Directives
The Implementation of the EC Choice of Laws Provisions for Insurance Contracts in the United Kingdom
The European Private International Law of Compulsory Insurance
The EC Choice of Law Rules for Compulsory Insurance Contracts: the General Rules
The EC Choice of Law Rules for Motor Vehicle Insurance Contracts
The European Private International Law Rules of Insurance and Reinsurance Contracts Concluded by Electronic Means
Electronic Commerce Law in Europe
Insurance and Reinsurance Contracts Concluded by Electronic Means: Jurisdictional and Applicable Law Problems
Choice of Law in Relation to Insurance and Reinsurance Contracts Concluded by Electronic Means
General Conclusions
Appendices
Bibliography
Table of Contents provided by Publisher. All Rights Reserved.

ISBN: 9781841133492
ISBN-10: 1841133493
Series: International Studies in the Theory of Private Law
Audience: BAC
Format: Paperback
Language: English
Number Of Pages: 396
Published: 16th July 2003
Publisher: Bloomsbury Publishing
Country of Publication: GB
Dimensions (cm): 20.96 x 13.97  x 3.18
Weight (kg): 0.5
Edition Number: 1