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Presentiation
and the Lawyer00 Role in Contract Planning
David
Campbell, BSc(Econ), LLM, PhD, FCI(Arb)
Professor
of Law, University of Durham, UK
Classical
and relational contract theories
A law of dispute
resolution relevant to business?
Relational
contract theory, competition and complexity
The function
of the law of contract
Exchange and
primary obligations
The risk of
non-performance and breach
Contract risk
management
Secondary
obligations and remedy
The discrete
contract and presentiation
Presentiation
The informal
assumptions for presentiation
The state
of the world
Perfect information
Complete computation
Presentiation
and the fully contingent market
The existence
of all relevant markets
Zero transaction
costs
Presentiation
and damages for breach of contract in the classical law of contract
The relational
contract and the complex contract
The costs
of pre-contractual planning
Search costs
prior to agreement
Computational
costs prior to agreement
The costs
of adjustment during performance
Search costs
during performance
Computational
costs during performance
The marginal
costs of presentiation and adjustment
Flexibility
in complex contracts
The criticism
of fixed price contracting
The criticism
of simple cost plus contracting
Monitored
flexibility
Estimation
of price
Monitoring
of performance and adjustment
Capping of
liabilities
The techniques
of contract planning
Performance
planning and adjustment
Contract administration
Contract change
management
Planning for
dispute resolution
Agreed remedies
and how not to do it
Liquidated
damages as opposed to penalties
Dispute resolution
and the preservation of the relationship
Settlement
in opposition to vindication
The truth
about litigation and settlement
Classical
and relational contract theories
A law of dispute
resolution relevant to business?
Relational
contract theory, competition and complexity
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