Protecting the integrity of a written agreement
Subtitle: 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)
By: Andreas Müller
Series: International commerce and arbitration -- volume 14; International commerce and arbitration -- v. 14.
Publisher: Eleven International Publishing
Published: 2013
Place of publication: The Hague, The Netherlands
Language: eng
Number of pages: 393
ISBN-13: 9789462360730; 9789460948107
Copyright date: 2013
Subjects: Contracts; Interpretation and construction; Form of contract
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 practititoners and academics interested in comparative contract law.
Notes: Includes bibliographical references (pages 361-383) and indexes.