Contents of Contracts and Unfair Terms

by Mindy Chen-Wishart (Editor), Stefan Vogenauer (Editor)

Overview

Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where limited critical commentaries have been published in the English language. Each volume in the series aims to offer an insider's perspective into specific areas of contract law - remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy - and explores how these diverse jurisdictions address common problems encountered in contractual disputes. A concluding chapter draws out the convergences and divergences, and other themes. All the Asian jurisdictions examined have inherited or adopted the common law or civil law models of European legal systems. Scholars of legal transplant will find a mine of information on how received law has developed after the initial adaptation and transplant process, including the mechanisms of and influences affecting these developments. At the same time, many points of convergence emerge. These provide good starting points for regional harmonization projects.

Volume III of this series deals with the contents of contracts and unfair terms in the laws of China, Hong Kong, India, Indonesia, Japan, Korea, Malaysia, Myanmar, the Philippines, Singapore, Taiwan, Thailand, and Vietnam. Typically, each jurisdiction is covered in two chapters: the first deals with the contents of contracts and how contractual terms are identified and interpreted; the second deals with unfair terms, the situations where the law will interfere in matters of 'unfairness' relating to contract terms, and legal responses to unfair terms.

Product Details

ISBN-13:	9780198850427
Publisher:	Oxford University Press
Publication date:	01/30/2021
Series:	Studies in the Contract Laws of Asia
Pages:	688
Product dimensions:	9.80(w) x 7.10(h) x 1.70(d)

About the Author

Mindy Chen-Wishart, Professor of the Law of Contract, University of Oxford,Stefan Vogenauer, Director, Max Planck Institute for European Legal History

Mindy Chen-Wishart is Dean of the Oxford Law Faculty, Professor of the Law of Contract at Oxford University, a Tutorial Fellow in Law at Merton College, Oxford, and Professor of Law at the National University of Singapore.


Stefan Vogenauer is Director at the Max Planck Institute for European Legal History, Frankfurt.

Table of Contents

1. Introduction, Mindy Chen-Wishart and Stefan Vogenauer2. Contract Formation under Chinese Law, Yang Fan3. Regulating Unfair Contract Terms under Chinese Law, Han Shiyuan4. Contract Terms in Hong Kong: Incorporation, Interpretation, Implication, and Unfair Terms, Stephen Hall5. Contract Terms and Their Interpretation - The Indian Perspective, Nilima Bhadbhade6. The Regulation of Unfair Terms in Indian Contract Law: Past, Present And Future, Stelios Tofaris7. Contractual Interpretation and Protection Against Unfair Terms in Indonesia, Gary Bell8. The Interpretation of Contracts under Japanese Law, Masami Okino9. The Regulation of Unfair Terms and Consumer Protection in Japan, Hiroyuki Kihara10. Contractual Interpretation under Korean Law, Kwon Youngjoon11. Regulation of Unfair Terms under Korean Law, Ahn Tae-Yong12. Interpretation and Implication of Contractual Terms in Malaysia, Tay Pek San13. Unfair Contract Terms and Consumer Protection: Legislative and Judicial Controls in Malaysia, Chan Wai Meng and Tay Pek San14. Contents of Contracts and Unfair Terms in the Myanmar Law of Contract, Adrian Briggs and Andrew Burrows15. Contract Terms in the Philippines: Incorporation, Interpretation, Implication, and Unfair Terms, Michael Dizon16. The Interpretation and Implication of Contractual Terms in Singapore, Goh Yihan17. Regulating Unfair Terms and Consumer Protection, Sandra Booysen18. Ascertaining Contractual Terms in Taiwan, Wu Ying-Chieh19. Regulating Unfair Terms and Consumer Protection under Taiwan Law, Jan Sheng-Lin20. Identification and Interpretation of Contractual Terms in Thai Law, Munin Pongsapan21. The Regulation of Unfair Terms and Consumer Protection in Thailand, Sakda Thanitcul22. Contract Interpretation and Unfair Terms in Vietnamese Contract Law, Nguyen Hung Quang and Nguyen Thuy Duong23. Conclusion, Stefan Vogenauer