Protecting the integrity of a written agreement : a comparative analysis of the parol evidence rule, merger clauses and no oral modification clauses in U.S., English, German and Swiss law and international instruments (CISG, PICC, PECL, DCFR and CESL)

This book offers a comprehensive comparative overview of the effect of pre-contractual statements and agreements and post-contractual informal modifications of written contracts. It gives an in-depth analysis of the respective case law and scholarly writing of four different jurisdictions - the US, England, Germany, and Switzerland - as well as five uniform instruments - the Contracts for the International Sale of Goods, Principles of International Commercial Contracts, Principles of European Contract Law, Draft Common Frame of Reference, and Common European Sales Law - showing differences and commonalities. The topics covered include comparative contract law, modifications of (written) contracts, the parol evidence rule, merger clauses, entire agreement clauses, integration clauses, no oral modification clauses, the presumption of accuracy and completeness of a written contract, and the integrative effect of a written agreement. The book provides guidance for drafting written contracts and will be of interest to practitioners and academics interested in comparative contract law. (Series: International Commerce and Arbitration [ICA] - Vol. 14) This Book Offers A Comprehensive Comparative Overview Of The Effects Of Pre-contractual Statements And Agreements And Post-contractual Informal Modifications On Written Contracts. It Analyzes The Respective Case Law And Scholarly Writing Of Four Different Jurisdictions (the Us, England, Germany And Switzerland) And Five Uniform Instruments (the Cisg, Picc, Pecl, Dcfr And Cesl) In Depth, Showing Commonalities And Differences. Topics Covered Are Comparative Contract Law, Modifications Of (written) Contracts, Parol Evidence Rule, Merger Clauses, Entire Agreement Clauses, Integration Clauses, No Oral Modification Clauses, Presumption Of Accuracy And Completeness Of A Written Contract, Integrative Effect Of A Written Agreement. The Book Provides Guidance For Drafting Written Contracts And Is Of Interest To Practititoners And Academics Interested In Comparative Contract Law. Formal Requirements Relating To The Formation Of A Contract -- Statutory And Judicial Protection Of A Written Agreement's Integrity Against Prior And Contemporaneous Agreements -- Contractual Instruments For The Protection Of A Written Agreement's Integrity Against Prior And Contemporaneous Agreements : Merger Clauses -- Statutory Protection Of A Written Agreement's Integrity Against Subsequent Modifications -- Contractual Protection Of A Written Agreement's Integrity Against Subsequent Modifications : No Oral Modification Clauses. Andreas Müller. Includes Bibliographical References (pages 361-383) And Indexes. This book offers a comprehensive comparative overview of the effect of pre-contractual statements and agreements and post-contractual informal modifications of written contracts. It gives an in-depth analysis of case law in the US, England, Germany and Switzerland and international instruments such as the CISG, PICC, PECL, DCFR and CESL