Commercial Expectations and Cooperation in Symbiotic Contracts: A Legal and Empirical Analysis

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Charles Haward Soper

Commercial Expectations and Cooperation in Symbiotic Contracts

A Legal and Empirical Analysis

Charles Haward Soper

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English

Routledge
13 December 2021

Jurisprudence & general issues; Civil procedure, litigation & dispute resolution; Commercial law; Contract law

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.