Law: The book serves as a general introduction into the common law approach to contract law including its application in England and the United States jurisdictions. In doing so, it serves to highlight the major areas of difference between the common law and civil law systems.
Language: Issues related to contract drafting and development are often answered in practice by simply using foreign law contract templates. However, this approach can cause great confusion.
Thus, for example, the term, "force majeure" is often regarded as being the direct equivalent of "höhere Gewalt" although the basic principles behind the two legal institutions may be very different in the respective legal systems. This book offers the opportunity to examine such concepts and thereby allows for not only an improved understanding of English language contracts but also better drafting skills in Englsh.
- What is a "Contract"?
- Contract Formation
- Drafting and Interpretation
- Penalties, Liquidated Damages
- Jurisdiction and Applicable Law
- Cross System Contracts
- Problems with Translations
- Warranties and Guarantees
- Good Faith
- Precontractual Liability
- Template Boilerplates & Contracts
- Cross-System Contracts
- Common Law v. Civil Law
- Contractual Estoppel
- Liability Management
Vorteile auf einen Blick
- General overview of the main contract types in common law
- Clear guidelines for drafting
- Support in avoiding typical mistakes and using "false friends"
- Explanations of the main developments in case law authorities
The book is intended for lawyers, those legally-trained as well as for lay people who come into contact with and need to use contracts in a commercial setting. Because of the comparision of German and English legal terminology it would also be very useful as a guide for specialist legal translators.