Protecting the Integrity of a Written Agreement: A Comparative Analysis of the Parol Evidence Rule, Merger Clauses and No Oral Modification Clauses in

Protecting the Integrity of a Written Agreement: A Comparative Analysis of the Parol Evidence Rule, Merger Clauses and No Oral Modification Clauses in

By: Andreas F. Muller (author)Hardback

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Description

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 practitioners and academics interested in comparative contract law.

About Author

Andreas Muller, attorney-at-law admitted in Switzerland and New York, has researched widely in the area of comparative and international contract law. He completed a Ph.D. under the supervision of Prof. Dr. Ingeborg Schwenzer at the University of Basel, Switzerland, and an LL.M. at Harvard Law School, Cambridge MA. He currently works in the corporate and M&A team of a leading corporate law firm in Zurich.

Contents

Preface; 1. Introduction; 2. Formal Requirements Relating to the Formation of a Contract; 3. Statutory and Judicial Protection of a Written Agreement's Integrity Against Prior and Contemporaneous Agreements; 4. Contractual Instruments for the Protection of a Written Agreement's Integrity Against Prior and Contemporaneous Agreements: Merger Clauses; 5. Statutory Protection of a Written Agreement's Integrity Against Subsequent Modifications; 6. Contractual Protection of a Written Agreement's Integrity Against Subsequent Modifications: No Oral Modification Clauses; 7. Final Conclusions

Product Details

  • ISBN13: 9789462360730
  • Format: Hardback
  • Number Of Pages: 460
  • ID: 9789462360730
  • ISBN10: 9462360731

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  • 1st Class Delivery: Yes
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