Cases, Materials and Text on Contract Law (Ius Commune Casebooks for the Common Law of Europe)De (autor) PROFESSOR HUGH BEALE, Bénédicte Fauvarque-Cosson, Jacobien Rutgers, Professor Stefan Vogenauer
en Limba Engleză Paperback – 21 Feb 2019
This is the third edition of the widely acclaimed and successful casebook on contract in the IusCommune 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 withnational lawThe distinctions between contract and property, tort and restitutionFormation and pre-contractual liabilityValidity, including duties of disclosureInterpretation and contents; performance and non-performanceRemediesSupervening eventsThird parties.
Dimensiuni: 169 x 244 x 58 mm
Greutate: 1.86 kg
Ediția: Third Edition
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Ius Commune Casebooks for the Common Law of Europe
Locul publicării: London, United Kingdom
Hugh Beale is a Professor Emeritus at the University of Warwick, Senior Research Fellow, Harris Manchester College, and Visiting Professor at the University of Oxford. He is a former Law Commissioner for England and Wales.Bénédicte Fauvarque-Cosson is Agrégée des Facultés de droit and Conseillère d'Etat. Jacobien Rutgers is Professor of European Private Law at the Vrije Universiteit (VU) Amsterdam.Stefan Vogenauer is Director at the Max Planck Institute for European Legal History, Frankfurt.
PART 1INTRODUCTION1. 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 2FORMATION8. OFFER AND ACCEPTANCE 9. SUFFICIENCY OF AGREEMENT 10. INTENTION TO CREATE LEGAL RELATIONS 11. CAUSE AND CONSIDERATION 12. FORMAL REQUIREMENTS 13. PRECONTRACTUAL NEGOTIATIONS PART 3FRAUD, ABUSE, IMMORALITY14. FRAUD, MISTAKE AND MISREPRESENTATION 15. THREATS 16. ABUSE OF CIRCUMSTANCES 17. IMMORAL AND ILLEGAL CONTRACTS PART 4CONTENT OF CONTRACTS18. INTERPRETATION 19. THE OBLIGATIONS OF THE PARTIES: SALES AND SERVICES CONTRACTS 20. SUPPLEMENTATION AND IMPLICATION OF TERMS 21. UNFAIR CLAUSESPART 5REMEDIES FOR NON-PERFORMANCE22. 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 6SUPERVENING EVENTS28. IMPOSSIBILITY OF PERFORMANCE 29. HARDSHIP, IMPRÉVISION 30. CLAUSES DEALING WITH SUPERVENING EVENTS PART 7THIRD PARTY CONSEQUENCES31. CONTRACTS FOR THE BENEFIT OF THIRD PARTIES 32. AGENCY 33. ASSIGNMENT