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Mandatory and Default Rules in Contract and Commercial Law

Series: Hart Studies in Private Law
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Brief Description
Mandatory and Default Rules in Contract and Commercial Law is a collection exploring the nature and justification of mandatory rules, which are non-excludable, and default rules, which can be modified or excluded by the parties in contract and commercial law. The collection distinguishes between different kinds... Read More
Format: Hardback
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A landmark examination of mandatory and default rules as they impact on commercial contracts.

A landmark examination of mandatory and default rules as they impact on commercial contracts.

Book Hero Magic formatted this description to make it easier to read. While it's new and still learning, it may not be perfect - your feedback is welcome! Description

Mandatory and Default Rules in Contract and Commercial Law is a collection exploring the nature and justification of mandatory rules, which are non-excludable, and default rules, which can be modified or excluded by the parties in contract and commercial law.

The collection distinguishes between different kinds of mandatory and default rules that govern commercial transactions. It also explores the choice of rule in various situations. Which rules are mandatory, and are there clearly understood and convincing reasons for parties to be denied choice?

In the case of default rules, on what basis is the default position selected? The collection also explores the fundamentally important relationship between default rules and interpretation, and, relatedly, between default rules and contractual risk allocation.

This collection will be of interest to academics and practitioners working across the field of commercial law.

Series: Hart Studies in Private Law

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Book Details

INFORMATION

ISBN: 9781509971206

Publisher: Bloomsbury Publishing PLC

Format: Hardback

Date Published: 19 February 2026

Country: United Kingdom

Imprint: Hart Publishing

Contributors:

  • Edited by William Day
  • Edited by Professor Andrew Robertson
  • Edited by Katy Barnett
  • Edited by Dr Jonathan Morgan

Audience: Professional and scholarly

DIMENSIONS

Spine width: 24.0mm

Width: 158.0mm

Height: 234.0mm

Weight: 660g

Pages: 344

Collections

Education & Reference Non-Fiction Series: Hart Studies in Private Law

About the Author

Katy Barnett is Professor in Law at the University of Melbourne, Australia.
William Day is Fellow of Downing College, Cambridge and a barrister at 3 Verulam Buildings, UK.
Jonathan Morgan is Professor of English Law and Fellow of Corpus Christi College, University of Cambridge, and a barrister at Essex Court Chambers, UK.
Andrew Robertson is Professor of Law and Director of Studies in Private Law at the University of Melbourne, Australia.

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