Contract Theory examines the logical and conceptual structures that arise in the process of making, honoring, and enforcing contracts. The touchstone of Anglo-American contract law is the determination of contractual intent. Two theories have competed for center stage: the subjective theory of the "meeting of the minds" and the objective theory in which the parties' manifestations and the transaction's contextual factors became the means for contract interpretation and enforcement. The implementation of the objective theory of contract is the "reasonable person standard." Larry DiMatteo focuses on the development, construction, and application of the reasonable person standard. He undertakes a study of the origins of the reasonable person in the disciplines of philosophy, theology, and psychology and concludes with an examination of the interplay between this objective standard and the subjectivity of judgment. The importance of the synthesis of the objective and subjective elements of contracts is crucial for a complete understanding of contract law. (view table of contents)

Product Description: This remarkable study places the modern development of equitable contract principles on a firm theoretical foundation. The text shows that the idea of the just and equitable contract has never been entirely absent from contract law, and that its persistence in various guises, albeit often in a covert manner, has in fact been the essential element in judicial enforcement of contracts since Roman times...read more

Product Description: For more than a decade this prized guide has served practitioners handling the legal ramifications of international contracting projects. The Third Edition thoroughly describes the new and ever-changing concepts and procedures that continue to redefine the searching, drafting, and execution of international contracts...read more

Product Description: Part I. History and Researching the CISG: 1. Global challenge of international sales law Larry A. DiMatteo; 2. History of the CISG and its present status Vikki Rogers and Kaon Lai; 3. CISG: divergences between success-scarcity and theory-practice Olaf Meyer; 4...read more

Product Description: The text is organized to take the reader from inception through the successfully completed transaction, covering all the relevant risks and topics along the way. Importing and exporting, transport of goods, contractual obligations and law, finance, countertrade, dispute resolution, intellectual property licensing, and electronic commerce are all covered...read more (view table of contents, read Amazon.com's description)

The approach offered in this book is to review some of the key contract issues unique to various types of contracting, such as sale of goods, licensing, intellectual property transfer, and the hiring of foreign agents and representatives. This work also attempts to analyze contract clauses and principles common to most international contracting scenarios. A number of contract clauses, such as the choice of law and the dispute resolution clauses, have become universally accepted. Along these same lines, the principles of good contract drafting are applicable to all types of international contracting. Thus, this is a book in fundamentals and not for one practicing in a narrow, highly specialized area of international business law; it is intended for the generalist, both legal and non-legal. It is for anyone interested in some of the more common legal aspects of international business contracting.

Product Description: This book reviews and critiques some of the major theories of contract law. The theories of contract law selected for coverage include law and economics, behavioral decision theory, inequality of bargaining power, law as interpretation (idealism), and critical legal theory...read more