International commercial contracting
International commercial contracting
1. Critically analyse the reasons for the pre-eminence of English contract law in international commercial contracts.
2. Should English law introduce a principle of ‘good faith’ in contract negotiations as other jurisdictions have done?
3. How far does the reality of commercial contracting reflect the ‘Rule book’ of classical English contract law theory?
4. To what extent do standard form contracts undermine freedom of contract and what strategies does the legal system have to deal with the problems raised by standard form contracts.
5. What are the problems encountered by lawyers when attempting to draft an exclusion clause and how might these be overcome?
6. Critically assess the major problems faced by commercial lawyers when drafting a sale of goods contract and what tactics could be adopted to circumvent these problems from the point of view of the buyer and seller.
7. A commercial contract may be vitiated by certain factors. How should commercial lawyers ensure that contracts do not fail due to such factors?
8. Most commercial contract are discharged simply by both sides performing their performance obligations critically discuss the methods of discharging a commercial contract.
9. Contract damages are said to satisfy the expectation interest. To what extent is this true?
10. In a market economy, the primary remedy for breach of contract should be damages .Discuss.
