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Contract Law and Contract Practice - Bridging the Gap Between Legal Reasoning and Commercial Expectation (Hardcover, New)
Loot Price: R2,994
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Contract Law and Contract Practice - Bridging the Gap Between Legal Reasoning and Commercial Expectation (Hardcover, New)
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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 specific
challenges presented to contract law by modern commercial
relationships and the ways in which the general rules of contract
law could be designed and applied in order to meet these
challenges. Ultimately the book seeks to move contract law beyond a
simple dichotomy between contextualist and formalist legal
reasoning, to a more nuanced and responsive legal approach to the
regulation of commercial agreements.
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