UID:
almahu_9949385894702882
Format:
1 online resource (xxxv, 274 pages)
ISBN:
9780429328107
,
0429328109
,
9781000026801
,
1000026809
,
9781000026870
,
1000026876
,
1000026736
,
9781000026733
Content:
"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. Arguing that statutory adjudication should be extended to all commercial contracts and more ambitious 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"--
Note:
Based on author's thesis (doctoral - Leicester Law School, 2017) issued under title: Contract, conflict and cooperation : a critical analysis of the common law approach to the breakdown of modern, complex, symbiotic contracts.
,
Introduction -- Duty to Cooperate : Case Law and Comment -- Empirical Research : Survey and Results -- The Source, Justification and Application of the Duty to Cooperate -- The Third Way : How it is Different -- Remedies, Antidotes, and Enforcement Mechanisms -- A Few Hard Cases
Additional Edition:
Print version: Soper, Charles Haward. Commercial expectations and cooperation in symbiotic contracts Abingdon, Oxon ; New York, NY : Routledge, 2020. ISBN 9780367272111
Language:
English
Keywords:
Electronic books.
DOI:
10.4324/9780429328107.
URL:
https://www.taylorfrancis.com/books/9780429328107
