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 practitioners and academics interested in comparative contract law.
Academics and professionals working in the field of commercial law, trade law and investment disputes
Andreas Müller, attorney-at-law admitted in Switzerland and New York, has researched widely in the area of comparative and international contract law. He completed a Ph.D. under the supervision of Prof. Dr. Ingeborg Schwenzer at the University of Basel, Switzerland, and an LL.M. at Harvard Law School, Cambridge MA. He currently works in the corporate and M&A team of a leading corporate law firm in Zurich.