Implicit Dimensions of Contract: Discrete, Relational, and Network Contracts (International Studies in the Theory of Private Law)

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 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 analyzed and comprehended. Half Title Page......Page 1 Title Page......Page 3 Title verso......Page 4 Preface......Page 5 Contents......Page 7 List of Contributors......Page 9 1. Introduction: The Research Agenda of Implicit Dimensions of Contracts......Page 11 2. Discovering the Implicit Dimensions of Contracts......Page 35 3. The Real and the Paper Deal: Empirical Pictures of Relationships, Complexity and the Urge for Transparent Simple Rules......Page 61 4. After Investors: Interpretation, Expectation and the Implicit Dimension of the 'New Contextualism'......Page 113 5. Beyond Custom: Contract, Contexts, and the Recognition of Implicit Understandings......Page 153 6. A Comparison of British and American Attitudes Towards the Exercise of Judicial Discretion in Contract Law......Page 197 7. Reflections on Relational Contract Theory after a Neo-classical Seminar......Page 217 8. Discretionary Powers in Contracts......Page 229 9. Recontractualising the Corporation: Implicit Contract as Ideology......Page 263 10. Implicit Contracts, Takeovers and Corporate Governance: In the Shadow of the City Code......Page 297 11. Expertise as Social Institution: Internalising Third Parties into the Contract......Page 341 12. Implicit Dimensions of Contract and the Oppression of Minority Shareholders......Page 373 Index......Page 405 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. These essays, derived from an international workshop, explore 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 This book explores the significance of implicit understandings and tacit expectations of the parties to different kinds of contractual agreements Edited By David Campbell, Hugh Collins, John Wightman. European Private Law Theory--cover. Includes Bibliographical References And Index.