
Commercial Expectations and Cooperation in Symbiotic Contracts
A Legal and Empirical Analysis
- 274 pages
- English
- ePUB (mobile friendly)
- Available on iOS & Android
Commercial Expectations and Cooperation in Symbiotic Contracts
A Legal and Empirical Analysis
About this book
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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Information
Table of contents
- Cover
- Half Title
- Title Page
- Copyright Page
- Table of Contents
- List of figures
- List of tables
- Foreword
- Acknowledgments
- Table of cases
- 1. Introduction
- 2. Duty to cooperate – case law and comment
- 3. Empirical research: survey and results
- 4. The source, justification and application of the duty to cooperate
- 5. The third way: how it is different
- 6. Remedies, antidotes, and enforcement mechanisms
- 7. A few hard cases
- 8. Concluding thoughts and suggestion for reform
- Bibliography
- Index