Abstract
The different legal ideas of precontractual liability, contract formation, contract terms, and contract interpretation are all rolled into this chapter because they spring from a single set of facts: the negotiation and making of the contract for sale. The legal doctrines are treated separately, but their unification by one set of facts is emphasized. The chapter includes treatment of offer and acceptance, sufficient definiteness, formal requirements (or the lack of them), gapfilling, and the role of custom and practice, as well as common law doctrines like promissory estoppel and the parol evidence rule. The chapter gives generous comparative treatment to revocability and firm offers, the battle of the forms, contract modification, and subjective and objective intent. Civil law doctrines like abus de droit and culpa in contrahendo are also covered, and there is extensive treatment of good faith in international law.
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