Protecting the integrity of a written agreement : a comparative analysis of the parol evidence rule, merger clauses and no oral modification clauses in U.S., English, German and Swiss law and international instruments (CISG, PICC, PECL, DCFR and CESL) / Andreas Müller.
2013
K840 .M85 2013 (Mapit)
Available at Stacks
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Details
Title
Protecting the integrity of a written agreement : a comparative analysis of the parol evidence rule, merger clauses and no oral modification clauses in U.S., English, German and Swiss law and international instruments (CISG, PICC, PECL, DCFR and CESL) / Andreas Müller.
Imprint
The Hague, The Netherlands : Eleven International Publishing, [2013]
Copyright
©2013.
Description
xxiv, 393 pages ; 25 cm.
Series
International commerce and arbitration ; v. 14.
Formatted Contents Note
Formal requirements relating to the formation of a contract
Statutory and judicial protection of a written agreement's integrity against prior and contemporaneous agreements
Contractual instruments for the protection of a written agreement's integrity against prior and contemporaneous agreements : merger clauses
Statutory protection of a written agreement's integrity against subsequent modifications
Contractual protection of a written agreement's integrity against subsequent modifications : no oral modification clauses.
Statutory and judicial protection of a written agreement's integrity against prior and contemporaneous agreements
Contractual instruments for the protection of a written agreement's integrity against prior and contemporaneous agreements : merger clauses
Statutory protection of a written agreement's integrity against subsequent modifications
Contractual protection of a written agreement's integrity against subsequent modifications : no oral modification clauses.
Summary
This book offers a comprehensive comparative overview of the effects of pre-contractual statements and agreements and post-contractual informal modifications on written contracts. It analyzes the respective case law and scholarly writing of four different jurisdictions (the US, England, Germany and Switzerland) and five uniform instruments (the CISG, PICC, PECL, DCFR and CESL) in depth, showing commonalities and differences. Topics covered are comparative contract law, modifications of (written) contracts, parol evidence rule, merger clauses, entire agreement clauses, integration clauses, no oral modification clauses, presumption of accuracy and completeness of a written contract, integrative effect of a written agreement. The book provides guidance for drafting written contracts and is of interest to practititoners and academics interested in comparative contract law.
Note
This book offers a comprehensive comparative overview of the effects of pre-contractual statements and agreements and post-contractual informal modifications on written contracts. It analyzes the respective case law and scholarly writing of four different jurisdictions (the US, England, Germany and Switzerland) and five uniform instruments (the CISG, PICC, PECL, DCFR and CESL) in depth, showing commonalities and differences. Topics covered are comparative contract law, modifications of (written) contracts, parol evidence rule, merger clauses, entire agreement clauses, integration clauses, no oral modification clauses, presumption of accuracy and completeness of a written contract, integrative effect of a written agreement. The book provides guidance for drafting written contracts and is of interest to practititoners and academics interested in comparative contract law.
Bibliography, etc. Note
Includes bibliographical references (pages 361-383) and index.
Location
STA
Call Number
K840 .M85 2013
Language
English
ISBN
9789462360730 hardbound
9462360731 hardbound
9789460948107 (E-book)
9462360731 hardbound
9789460948107 (E-book)
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