Private Law Theory

Systems of contract law can be analysed in terms of various benchmarks. First, whether the system prefers a more textual approach to contractual undertakings – concentrating on the actual language of the parties’ documents – or inclines towards a more contextual approach, interpreting the deal in the light of the surrounding circumstances and business common sense. Secondly, the position adopted between a wholesale commitment to good faith and fair dealing in the formation, performance and interpretation of contracts, and a stricter approach requiring exact compliance with contractual commitments. Recent case law has seen the English appellate courts changing tack on a number of fronts … (more, registration)

First posted 2017-01-10 13:22:21