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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Commercial law
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Commercial Expectations and Cooperation in Symbiotic Contracts - A Legal and Empirical Analysis (Hardcover)
Loot Price: R4,469
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Commercial Expectations and Cooperation in Symbiotic Contracts - A Legal and Empirical Analysis (Hardcover)
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Exploring the role played by cooperation in the law and management
of modern, complex contracts, this book contrasts an in-depth
review of case law with a large-scale empirical study of the views
of commercial actors responsible for the outcomes of these
contracts. The possibility of aligning these expectations with the
law is considered from the perspective that there is a general duty
for parties to cooperate and ensure constructive engagement. The
book examines how this might translate into constructive
communication, professional governance, genuine attempts to settle
issues, a right to fix defects and a duty to take decisions in a
fair and rational manner. It argues that statutory adjudication
should be extended to all commercial contracts and more ambitious
use of available remedies, including those for prevention and cost
penalties, would help provide incentives for parties to cooperate
more fully. The book will be of interest to academics in the fields
of contract law and of contract management, as well as legal and
commercial practitioners.
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