By David Campbell, Hugh Collins, John Wightman
This selection of essays, derived from a global workshop, explores the importance of implicit understandings and tacit expectancies of the events to other kinds of contractual agreements, starting from basic discrete transactions to long term associational agreements equivalent to these shaped in businesses. An interdisciplinary and comparative technique is used to enquire how the legislations comprehends and provides influence to those implicit dimensions of contracts. the importance of this enquiry is located not just with regards to the translation of contracts in lots of various contexts, yet extra essentially in how social practices excited about making contracts may be analyzed and comprehended.
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Extra resources for Implicit Dimensions of Contract: Discrete, Relational, and Network Contracts (International Studies in the Theory of Private Law)
Sample text
In the following quotation we have inserted numbers in square brackets to assist the discussion: the buyer is similarly entitled to damages for consequential loss caused by late delivery, but it appeared that such consequential losses were seldom claimed and almost never paid . . The reason for this general position does not appear to be the difficulty of claiming such losses . . It seemed that the situation was caused by an interplay of related commercial facts and practices. On the one hand [1] buyers were expected to guard against delay by planning schedules so that deliveries could be late without causing loss; on the other hand [2] sellers were bound by an 'unwritten law' that the buyer must be notified in advance of any likely delay, to enable the buyer to reschedule (only one contract required this).
In Combe v Combe,11 for instance, the issue was whether a husband's promise to pay an annuity to his wife on their separation was binding. The husband had not explicitly 10 11 Blackburn J, Smith v Hughes (1871) LR 6 QB 597. [1951] 2 KB 215, CA. Discovering the Implicit Dimensions of Contract 31 requested that the wife should refrain from claiming her legal entitlement to maintenance in return for the annuity. The question was whether that request could be implied in the circumstances. The trial court found such an implicit understanding, but the Court of Appeal reversed this conclusion.
But the parties to the contract will have already agreed these elements of the transaction at 18 19 Lord Reid, Wickman Machine Tools Sales Ltd v L Schuler AG [1974) AC 235, 251. See the essay by Macaulay in this volume. 38 David Campbell and Hugh Collins least in outline. What the formal contractual document adds to the transaction, which the parties may not have discussed in any detail, is the allocation of risks, together with specification of remedial devices in the event of breach of contract.