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Informationen zum Autor Andrew Burrows, QC (Hon), Norton Rose Professor of Commercial Law in the University of Oxford; Fellow of St Hugh's College; Honorary Bencher of Middle Temple; Barrister, Fountain Court Chambers.Edwin Peel, Fellow and Tutor in Law, Keble College, Oxford; Solicitor, Consultant Clifford Chance LLP. Klappentext This book contains the papers written for the seventh volume of the Oxford-Norton Rose Law Colloquium Series, held in September 2006. The colloquium brings together practitioners and academics to discuss a central topic of commercial law which is of interest to both communities. This year's volume covers Contract Terms, a topic of importance to practitioners involved in drafting contracts or commercial litigation, and academics interested in contract and commercial law. Zusammenfassung This book contains the papers written for the seventh volume in the Oxford-Norton Rose Law Colloquium Series, which was held in St Hugh's College, Oxford, on 22nd-23rd September, 2006. As with past colloquia, this brought together practitioners (solicitors, barristers and Judges) and academics to examine and discuss an area of commercial law. The belief underpinning all the colloquia has been that the sharing of views on central topics of commercial law can only work to the mutual advantage of both academics and practitioners. The topic chosen this year was Contract Terms which is a topic of everyday importance to all commercial lawyers. It is also an area in which academics have become increasingly interested in recent years. The book begins with an introduction by the editors which draws out the central features of the discussions at the colloquium. It is followed by an introductory practitioners' perspective written by Richard Calnan of Norton Rose.The colloquium papers have then been divided into three main sections. The first on 'Construction and Interpretation' comprises the papers written by Gerard McMeel, Edwin Peel, Andrew Burrows, Robert Stevens and Stefan Vogenauer. The second on 'Legislative Control of Exemption Clauses and Unfair Terms' has papers by Elizabeth MacDonald, Susan Bright and Hugh Beale. The third on 'Issues Related to Particular Types of Term' looks at entire agreement clauses, termination clauses, force majeure clauses, retention of title clauses and choice of law clauses. This third section contains chapters written by John Cartwright, Ewan McKendrick, Simon Whittaker, Louise Gullifer and Adrian Briggs. The papers have all been written by eminent academics and together they provide a stimulating and up-to-date examination of Contract Terms. The book will be essential reading for all solicitors involved in drafting contracts or in commercial litigation, commercial barristers, and academics interested in contract and commercial law. The foreword has been written by the senior Law Lord, Lord Bingham of Cornhill. Inhaltsverzeichnis Foreword 1: Andrew Burrows and Ed Peel: Introduction 2: Richard Calnan: Construction of Commercial Contracts: A Practitioner's Perspective PART I: Construction and Interpretation 3: Gerard McMeel: Overview: the Principles and Policies of Contractual Construction 4: Edwin Peel: Whither Contra Proferentem? 5: Andrew Burrows: Construction and Rectification 6: Robert Stevens: Objectivity, Mistake and the Parol Evidence Rule 7: Stefan Vogenauer: Interpretation of Contracts: Concluding Comparative Observations PART II: Legislative Control of Exemption Clauses and Unfair Terms 8: Elizabeth MacDonald: UCTA thirty years on 9: Susan Bright: Unfairness and the Consumer Contract Regulations 10: Hugh Beale: Exclusion and Limitation Clauses in Business Contracts: Transparency PART III: Issues Relating to Particlular Types of Term 11: John Cartwright: Excluding Liability for Misrepresentation 12: Ewan McKendrick: Force Majeure Clauses: the Gap between Doctrine and Pract...
