Implicit Dimensions of Contract : Discrete, Relational, and Network Contracts

Abstract

List of Contributors 1. Introduction: The Research Agenda of Implicit Dimensions of Contracts Hugh Collins 2. Discovering the Implicit Dimensions of Contracts David Campbell and Hugh Collins 3. The Real and the Paper Deal: Empirical Pictures of Relationships,Complexity and the Urge for Transparent Simple Rules Stewart Macaulay 4. After Investors: Interpretation, Expectation and the Implicit Dimension of the 'New Contextualism' Roger Brownsword 5. Beyond Custom: Contract, Contexts, and the Recognition of Implicit Understandings John Wightman 6. A Comparison of British and American Attitudes Towards the Exercise of Judicial Discretion in Contract Law William C Whitford 7. Reflections on Relational Contract Theory after a Neo-classical Seminar Ian R Macneil 8. Discretionary Powers in Contracts Hugh Collins 9. Recontractualising the Corporation: Implicit Contract as Ideology Paddy Ireland 10. Implicit Contracts, Takeovers, and Corporate Governance: In the Shadow of the City Code Simon Deakin, Richard Hobbs, David Nash and Giles Slinger 11. Expertise as Social Institution: Internalising Third Parties into the Contract Gunther Teubner 12. Implicit Dimensions of Contract and the Oppression of Minority Shareholders Christopher Riley Index CONTENTS: Introduction: Hugh Collins (LSE) The Real Deal and the Paper Deal: Empirical Pictures, Complexity, and the Urge for the Magic of Transparent, Simple Rules: Stewart Macaulay (Wisconsin) Beyond Custom: Contract, Contexts, and the Recognition of Implicit Understandings: John Wightman (Kent) After Investors: Interpretation, Expectation and the Implicit Ethic of Contract: Roger Brownsword (Sheffield) The Want of Consideration for Fairness: David Campbell (Cardiff) A Comparison of British and American Attitudes Towards the Exercise of Judicial Discretion in Contract Law: William Whitford (Wisconsin) Discretionary Powers in Contracts: Hugh Collins (LSE) Expertise as Social Institution: Internalising Third Parties into the Contract: Gunther Teubner (Frankfurt) Implicit Contracts and the Corporation: Paddy Ireland (Kent) How Do, and How Should, Courts Deal with Implicit Contracts? Lessons from the Corporate Context: Chris Riley (Durham) Implicit Contracts and the Evolution of Corporate Governance: The Case of the City Code on Takeovers and Mergers: Simon Deakin, Richard Hobbs,David Nash and Giles Slinger (Cambridge University) Reflections on Relational Contract Theory after a Neo-classical Seminar: Ian Macneil (Northwestern)