Mandatory and Default Rules in Contract and Commercial Law

Hart Publishing (an imprint of Bloomsbury) has published Mandatory and Default Rules in Contract and Commercial Law, edited by Katy Barnett (Professor in Law at the University of Melbourne), William Day (Fellow of Downing College, Cambridge and a barrister at 3 Verulam Buildings), Jonathan Morgan (Professor of English Law and Fellow of Corpus Christi College, University of Cambridge, and a barrister at Essex Court Chambers) and Andrew Robertson (Professor of Law and Director of Studies in Private Law at the University of Melbourne).

This collection explores 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.

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

For more information, please refer to the Bloomsbury website.

For information about publications by the editors, please refer to their Faculty profiles.