Table of Contents:

1: Introduction: British and American Perspectives, Larry A DiMatteo and Martin Hogg

Part I: Contract Theory and Structure

2: Saying What We Mean: Fundamental Structural Language in Contract Law, Martin Hogg

3: The Death of Consent?, Peter A Alces

Part II: Contract Formation

4: The Nature and Timing of Contract Formation, Shawn J Bayern

5: Contract Formation Between Distant Parties: The Scottish Experience, Hector L MacQueen

6: Defects of Consent in English Law: Protecting the Bargain? Severine Saintier

7: Quality of Consent and Distributive Fairness: A Comparative Perspective, Jeffrey L Harrison

Part III: Policing of Contracts

8: Inequality of Bargaining Power and 'Cure' by Information Requirement, Elizabeth Macdonald

9: Reassessing Assent-Based Critiques of Adhesion Contracts, Daniel D Barnhizer

10: Good Faith in the Performance of a Contract in English Law, Ewan McKendrick

11: History and Theory of Good Faith Performance in the United States, Steven J Burton

Part IV: Contractual Interpretation

12: Interpreting Commercial Contracts: The Policing Role of Context in English Law, Catherine Mitchell

13: Contractual Interpretation in the Commercial Context, Blake D Morant

14: Can Judges Use Business Common Sense in Interpreting Contracts?, The Rt Hon Lord Hodge

Part V: Damages

15: Market Damages and the Invisible Hand, David Campbell

16: The Right to Perform after Repudiation and Recover the Contract Price in Anglo-American Law, Mark P Gergen

Part VI: Specialty Contracts

17: Three Sales Laws and the Common Law of Contracts, Qi Zhou and Larry A DiMatteo

18: Defining Agency and Its Scope (I), Laura Macgregor

19: Defining Agency and Its Scope (II), Deborah DeMott

Part VII: Legal Reform

20: Standard Terms in Consumer Contracts: The Challenges of Law Reform in English Law, Christan Twigg-Flessner

21: At the Limits of Adjudication: Standard Terms in Consumer Contracts, Aditi Bagchi

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