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Cases, Materials and Text on Contract Law

Cases, Materials and Text on Contract Law

Authors
Publisher Bloomsbury Publishing PLC
Year 21/02/2019
Pages 1520
Version paperback
Readership level Professional and scholarly
Language English
ISBN 9781509912575
Categories Comparative law
$95.89 (with VAT)
426.30 PLN / €91.40 / £79.34
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Book description

This is the third edition of the widely acclaimed and successful casebook on contract in the Ius
Commune series, developed to be used throughout Europe and beyond by anyone who teaches, learns or practises law with a comparative or European perspective. The book contains leading cases, legislation and other materials from English, French and German law as the main representatives of the legal traditions within Europe, as well as EU legislation and case law and extracts from the Principles of European Contract Law. Comparisons are also made to other international restatements such as the Vienna Sales Convention, the UNIDROIT Principles of International Commercial Contracts, the Draft Common Frame of Reference and so on. Materials are chosen and ordered so as to foster comparative study, complemented with annotations and comparative overviews prepared by a multinational team.

The third edition includes many new developments at the EU level (including the ill-fated proposal for a Common European Sales Law and further developments linked to the digital single market) and in national laws, in particular the major reform of the French Code civil in 2016 and 2018, the UK's Consumer Rights Act 2015 and new cases.

The principal subjects covered in this book include:

An overview of EU legislation and of soft law principles, and their interrelation with
national law
The distinctions between contract and property, tort and restitution
Formation and pre-contractual liability
Validity, including duties of disclosure
Interpretation and contents; performance and non-performance
Remedies
Supervening events
Third parties.

Cases, Materials and Text on Contract Law

Table of contents

PART 1

INTRODUCTION

1. GENERAL TRENDS IN MODERN CONTRACT LAW

2. EUROPEAN UNION LAW ON CONTRACTS

3. PRINCIPLES, SOFT LAW AND LEGISLATIVE PROPOSALS IN EUROPEAN CONTRACT LAW

4. NATIONAL CONTRACT LAWS IN A EUROPEAN CONTEXT

5. NOTIONS OF CONTRACT

6. CONTRACT AND ADJOINING AREAS

7. CATEGORISATION OF CONTRACTS ACCORDING TO PARTIES

PART 2

FORMATION

8. OFFER AND ACCEPTANCE

9. SUFFICIENCY OF AGREEMENT

10. INTENTION TO CREATE LEGAL RELATIONS

11. CAUSE AND CONSIDERATION

12. FORMAL REQUIREMENTS

13. PRECONTRACTUAL NEGOTIATIONS

PART 3

FRAUD, ABUSE, IMMORALITY

14. FRAUD, MISTAKE AND MISREPRESENTATION

15. THREATS

16. ABUSE OF CIRCUMSTANCES

17. IMMORAL AND ILLEGAL CONTRACTS

PART 4

CONTENT OF CONTRACTS

18. INTERPRETATION

19. THE OBLIGATIONS OF THE PARTIES: SALES AND SERVICES CONTRACTS

20. SUPPLEMENTATION AND IMPLICATION OF TERMS

21. UNFAIR CLAUSES

PART 5

REMEDIES FOR NON-PERFORMANCE

22. THE RANGE OF REMEDIES FOR BREACH OF CONTRACT

23. SPECIFIC PERFORMANCE

24. WITHHOLDING PERFORMANCE

25. TERMINATION

26. DAMAGES

27. REMEDIES FOR NON-CONFORMING GOODS AND SERVICES

PART 6

SUPERVENING EVENTS

28. IMPOSSIBILITY OF PERFORMANCE

29. HARDSHIP, IMPREVISION

30. CLAUSES DEALING WITH SUPERVENING EVENTS

PART 7

THIRD PARTY CONSEQUENCES

31. CONTRACTS FOR THE BENEFIT OF THIRD PARTIES

32. AGENCY

33. ASSIGNMENT

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