Mandatory and Default Rules in Contract and Commercial Law

Omtale

This book makes a broad and deep contribution to the longstanding debate as to the extent to which contract and commercial law comprises a series of default rules, where the parties can ‘opt out’ and/or fashion their own rules by agreement. Consisting of twelve essays by world-leading scholars, it considers how a range of doctrines across the breadth of private law as applied in the commercial context can be explained and justified. In so doing it offers a uniquely broad and sustained exploration of default rules. It also moves the discussion out of the abstract sphere, by engaging on a practical level with the doctrinal questions at play. This will be of interest to both academics and practitioners in the field of commercial contracts.