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.
By:
Charles Haward Soper Imprint: Routledge Country of Publication: United Kingdom Dimensions:
Height: 234mm,
Width: 156mm,
Weight: 435g ISBN:9781032238944 ISBN 10: 1032238941 Pages: 310 Publication Date:13 December 2021 Audience:
College/higher education
,
Primary
Format:Paperback Publisher's Status: Active
Dr C. Haward Soper (Haward) is an Honorary Associate Professor of Law at the University of Leicester.