Contract law Books

Book SynopsisBanking Law and Financial Regulation in the UK and EU seeks to blend orthodox topics covered within the banking and financial law syllabus, such as sources of banking and financial law, financial markets, financial and banking institutions, financial transactions, and banking and financial insolvency, with a careful analysis of emerging issues and more contemporary topics.This advanced-level textbook offers a new format for the study of banking and financial law, placing it within the wider context of economic development. As such, two elements are integral to this new methodology: the rise of techno-banking and digitalisation of the financial sector, and Brexit. Departing from the approaches of more traditional textbooks in this area, the book also takes a comparative approach to UK and EU banking law, highlighting the legal consequences of the UKâs exit from the EU. Aspects of human rights are integrated throughout and current debates and developments around financ

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Book SynopsisThe language of duress and necessity is found in crime, tort and contract. This book explores those pleas, in both case law and theory, across the subject boundaries, and across jurisdictions. In doing so, it seeks to identify the lessons which each area of law can learn from the others, and to tease out common themes while demarcating important differences. The overall outcome is a law more coherent and understood in sharper detail.This book considers the law of England and Wales, Australia, New Zealand, Hong Kong and Canada, as well as the American tortious defence of necessity.Table of ContentsPROLOGUEComparative lawMethodologyCHAPTER 1 – TORT: INTIMIDATION AND DURESS BY THREATS1.1 Intimidation: English case law1.2 New Zealand case law1.3 Australian case law1.4 Canadian case law1.5 Hong Kong case law1.6 Intimidation and three-party cases1.7 The rationale for a tort of intimidation1.8 Unlawful acts1.9 Threatened breach of contract1.10 Threats of lawful action1.11 Defence of justification1.12 Duress by threats as a tortious defence1.13 ConclusionsCHAPTER 2 – CONTRACT: NECESSITY AND UNCONSCIONABLE BARGAIN2.1 English case law2.2 Australian case law2.3 New Zealand case law2.4 Hong Kong case law2.5 Canadian case law2.6 The rationale for unconscionable bargain2.7 The boundaries of unconscionable bargain2.8 ConclusionsCHAPTER 3 – CONTRACT: DURESS3.1 The test for contractual duress3.2 Threats to breach contract3.3 Lawful act duress3.4 Threats of prosecution and litigation3.5 Causation, and burden of proof3.6 Australian case law3.7 New Zealand case law3.8 Hong Kong case law3.9 Canadian case law3.10 The rationale for contractual duress3.11 The relationship with undue influence3.12 ConclusionsCHAPTER 4 – TORT AND CRIME: NECESSITY4.1 Private necessity in tort4.2 Private necessity in American tort law4.3 Public necessity in tort4.4 The rationale for tortious necessity4.5 Best interests intervention in crime and tort4.6 Lesser evil necessity in crime and tort4.7 ConclusionsCHAPTER 5 – CRIMINAL LAW: DURESS5.1 Types of threat5.2 Pain and internal causes5.3 Threats to whom?5.4 Perception and response5.5 Imminence and alternative action5.6 Laying oneself open to duress5.7 A defence to which crimes?5.8 Canadian law5.9 New Zealand law5.10 Australian law5.11 The rationale for criminal duress5.12 An objective standard?5.13 ConclusionsEPILOGUEThe language of duress and necessityAreas of overlapCase law and theory: the key detailsOverall conclusions

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Book SynopsisShip Sale and Purchase is the essential working guide for anyone involved in the business of making ship sale and purchase agreements and also in the resolution of disputes arising out of such agreements. The seventh edition of Ship Sale and Purchase contains a detailed clause-by-clause analysis of SHIPSALE 22, the new standard form Memorandum of Agreement for ship sales and purchases published by BIMCO in 2022. This clause-by-clause analysis is supplemented by commentary on the corresponding provisions of the other leading standard forms used in the global shipping markets - SALEFORM 2012 (the latest version of the longstanding standard form produced by the Norwegian Shipbrokers'' Association), SINGAPORE SHIP SALE FORM 2011 and NIPPONSALE 1999 - and the main differences between these forms and SHIPSALE 22.This edition of Ship Sale and Purchase also contains a comprehensive description of the many ways in which Table of ContentsTable Of Cases, Table Of Legislation, Foreword, Emeritus Editor’s Preface, Author’s Preface, Introduction, Part 1 - Box Format, Clause 1 - Definitions And Interpretation, Clause 2 - Sale And Purchase, Clause 3 - Subjects, Clause 4 - Purchase Price, Clause 5 - Deposit, Clause 6 - Inspection, Clause 7 - Buyers’ On-Board Representatives, Clause 8 - Inspection, Clause 9 - Dry-Dock Inspection, Clause 10 - Condition Of Vessel At Delivery, Clause 11 - Delivery Notices, Clause 12 - Vessel Delay, Clause 13 - Bunkers, Oils And Greases, Clause 14 - Payments, Clause 15 - Delivery Documents, Clause 16 - Delivery, Clause 17 - Post Delivery Obligations, Clause 18 - Sellers’ Termination Rights, Clause 19 - Buyers’ Termination Rights, Clause 20 - Total Loss, Clause 21 - Sanctions, Clause 22 - Anti-Corruption, Clause 23 - Confidentiality, Clause 24 - Notices And Communications, Clause 25 - Entire Agreement, Clause 26 - Bimco Law And Arbitration Clause 2020, Clause 27 - Bimco Electronic Signature Clause 2021, Clause 28 - Additional Clauses And Provisions, Appendix 1 – SHIPSALE 22, Appendix 2 - Saleform 2012, Appendix 3 – SSF2011, Appendix 4 – Nipponsale 1999, Appendix 5 – Barecon 2017, Appendix 6 – SHIPLEASE, Appendix 7 – LMAA Terms and Procedures 2021

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Book SynopsisThis book is a collection of original, thought-provoking essays on critical issues in contract, commercial and corporate law. It is dedicated to the memory of the late Professor Jill Poole, who inspired so many and made such important contributions to these fields of law. The essays are written by leading practitioners and academics in the field, building on Jill's work. As such this collection will be of interest and importance to professionals, academics and students in these fields of law. The Professor Jill Poole Educational Fund has been established in memory of Jill. It will be used to support undergraduate students in obtaining ''excellence scholarships'' at Aston Law School and to reward ''excellence'' at the annual law graduation ceremony. All contributions are welcome, and the royalties from this collection of essays have been donated to it.Table of Contents1. Keeping Commercial Law Up to Date 2. Examining English contract law in the light of Brexit – an end to the European dream? 3. From the 2004 Communication on European Contract to the 2015 Draft Directive on the Supply of Digital Content: harmonisation, Unification or Transformation of EU Private Law 4. Harmonization and Contract in a Globalized World 5. Integrating Remedies for Misrepresentation: Co-Ordinating a Coherent and Principled Framework 6. The Contract Formation under the Caveat Emptor Rule: Assessing its Utility 7. Consideration in the Modification of Contracts 8. Estoppel and Promises: The Importance of Coherence, Rationalisation, and Adhering to Basic Principles 9. Privity of Contract: Statutory Developments 10. Recent Developments in Illegal Contracts 11. Restraint of Trade Doctrine: A Traditional Tool Fit for the Modern Economy? 12. The Intractable Problems of Illegality and Public Policy in the Law of Contract –A Comparative Perspective 13. Director’ Financial Liabilities Standards: Opportunism and the Proper Approach to Detterence

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Book SynopsisThis book comprehensively examines the entire legal process of the international sale of goods, beginning with the creation of the contract and continuing through to either the fulfilment of the sale, or the termination of the contract.Every day goods are globally traded between sellers and buyers in different countries and different jurisdictions. The distances between the parties involved in such transactions, and the relative risks related to that, are a key issue in international commercial sales. Sales of goods carried by sea, thus, differ quite drastically from domestic sales; the goods will be normally shipped at a port very distant from the buyer, preventing his physical presence at the port of loading. Further, the goods will travel in the custody of a carrier, a party normally quite independent from either trader. Finally, transactions concluded on shipment terms are normally irreversible, in the sense that shipping the goods back to the seller represents an unlikelTable of Contents1. The Sources of Contracts Concluded on Shipment Terms 2. The Legal Nature of c.i.f and f.o.b. Contracts 3. The Creation of a Contract Concluded on Shipment Terms 4. Incorporation of Standard Terms 5. The Sale Contract and the Transport Obligations of the Seller 6. Bills of Lading and their role in Contracts Concluded on Shipment Terms 7. The Transfer of Risk 8. The Transfer of Property in Contracts concluded on Shipment terms 9. Performance of a Contract Concluded on Shipment Terms: the Sellers’ Physical Duties 10. The Seller’s Documentary Duties 11. Letters of Credit and Contracts Concluded on Shipment Terms 12. Rejection and termination of contracts concluded on shipment terms 13. The Vienna Convention on International Sale of Goods

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Book SynopsisChanges to the work on construction projects are a common cause of dispute. Such variations lead to thousands of claims in the UK every year and many more internationally. Liability for variations is not only relevant to claims for sums due for extra work but this is also an important underlying factor in many other construction disputes, such as delay, disruption, defects and project termination. This is the first book to deal exclusively with variations in construction contracts and provide the detailed and comprehensive coverage that it demands. Construction Contract Variations analyses the issues that arise in determining whether certain work is a variation, the contractor’s obligation to undertake such work as well as its right to be paid. It deals with the employer’s power to vary and the extent of its duties to approve changes. The book also analyses the role of the consultant in the process and the valuation of variations. It reviews these topics by reference to a range of construction contracts. This is an essential guide for practitioners and industry professionals who advise on these issues and have a role in managing, directing and compensating change. Participants in the construction industry will find this book an invaluable guide, as will specialists and students of construction law, project management and quantity surveying. Trade Review'This is the first book to deal exclusively with such variations in construction contracts and it came too late for the people of Edinburgh. But it does contain, perhaps, a message for those constructing new countries 'Don't expect everything to go to plan'.' - Edward Fennell for The Times Newspaper'Construction Contracts Variations is a useful guide on a common yet specialised topic. It should therefore be pulled off the shelf and studied closely, whenever "variations" are leading to "vexation".' - Julian Bailey for Society of Construction Law Newsletter‘I want every adjudicator and wannabe adjudicator to sit an examination and cross-examination on all that is said in this brand new book. It is "Construction Contract Variations" by two top-notch construction lawyers, Michael Sergeant and Max Wieliczko' - Tony Bingham 'The need for a comprehensive and analytical treatment of variations has therefore long been felt by practitioners. That gap has now been more than filled by Michael Sergeant and Max Wieliczko of Holman Fenwick Willan with a work of real practical utility, erected on rigorous intellectual underpinning.' - Simon Rainey Q.C., Quadrant Chambers 'This book will be an invaluable tool to those operating in the construction industry and no doubt a text that will in time become a practitioner's manual for understanding a hitherto under-explored area.' - Hannah Wennell, Associate, Pinsent Masons for Chartered Institution of Civil Engineering Surveyors The book is a thorough treatise on the subject of variations and is a must buy for anyone who wants to develop their knowledge of construction law. It is a book not only for lawyers but is suitable for students studying construction law, engineers, architects, project managers, adjudicators, arbitrators and judges. It is simply an excellent book. - Andrew Tweeddale, Corbett & Co International Construction Lawyers Ltd, London for Construction Law International (December 2014)To construction project dispute decision-makers, this book serves as a comprehensive guide which is instructive on an exceptionally wide range of issues arising in relation to construction contract variations. To construction law practitioners, it serves as a complete directory when advising on both the avoidance and resolution of variation disputes. To construction law academics and students, the book is very well researched and easy to navigate, making it an interesting and highly informative read for professors through to undergraduates. - Professor Doug S Jones AO for The International Construction Law Review 2015Table of ContentsChapter 1. Overview; Chapter 2. Employer Approval; Chapter 3. Scope; Chapter 4. Contractor’s Obligations in Respect of the Works; Chapter 5. Power to Vary; Chapter 6. Variations Required Because of Contractor Risk; Chapter 7. Duty to Vary; Chapter 8. Variation Instructions; Chapter 9. Change in the Absence of a Variation Instruction; Chapter 10. Valuation Process; Chapter 11. Entitlement to Money; Chapter 12. Entitlement to Time

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Book SynopsisThis updated edition includes an examination of force majeure in French law, the drafting of force majeure clauses, its usage in shipbuilding contracts, and the application of commercial impracticality under article 2-165 of the Uniform Commercial Code.Table of ContentsChapter 1 Introduction and Interrelationship Chapter 2 The Drafting of Force Majeure Clauses Chapter 3 Frustration, Force Majeure and Shipping Law Chapter 4 Applying the Principles - Industrial Action and Building Contracts Chapter 5 Frustration, Remedies and Re-Appraisal Chapter 6 International and Comparative Aspects

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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Book SynopsisThis collaboration between scholars, legal practitioners, and technology experts analyzes the ongoing evolution of smart contracts, based upon blockchain technology, from the perspective of existing legal frameworks. It will interest anyone interested in the disruptive effect of new technologies on the law generally, and contract law in particular.Trade Review'This is a fascinating book with surprises for the reader in each chapter.' J. Brzezinski, ChoiceTable of ContentsPreface; Part I. General Framework: Legal and Technical: 1. Smart contracts and contract law Larry A. DiMatteo, Michel Cannarsa and Cristina Poncibò; 2. Legal meaning of smart contracts Riccardo De Caria; 3. Technology of smart contracts Valentina Gatteschi, Fabrizio Lamberti and Claudio Demartini; Part II. Contract Law and Smart Contracts: 4. Contract formation Mateja Durovic and André Janssen; 5. Challenges of smart contracts: implementing excuses Eric Tjong Tjin Tai; 6. Contract interpretation Michel Cannarsa; 7. Smart contracts and contractual remedies Larry A. DiMatteo and Cristina Poncibò; Part III. Electronic Platforms and Networks: 8. Digital platforms: regulation and liability in EU law Piotr Tereszkiewicz; 9. Blockchains: a technology for decentralized marketplaces Eliza Mik; 10. Regulating smart contracts and online platforms: a Chinese perspective Jia Wang and Lei Chen; Part IV. Privacy, Security, and Data Protection: 11. Blockchain and data protection Lokke Moerel; 12. Data protection law in hybrid worlds Sjef van Erp; 13. Smart contracts: issues of property and security rights Louis-Daniel Muka Tshibende; 14. Algorithmic contracts and consumer privacy Lauren Henry Scholz; Part V. Smart Contracts: Courts and the Legal Profession: 15. Smart contracts and the courts Marc Clément; 16. Usefulness and dangers of smart contracts in consumer transactions Oscar Borgogno; Part VI. Future of Smart Contracts, Blockchain and Artificial Intelligence: 17. Transactional technologies, legal disruption, and the case of network contracts Roger Brownsword; 18. Observations on the impact of technology on contract law Barbara Pasa and Larry A. DiMatteo; 19. Visions of smart contracts Diana Wallis.

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Book SynopsisThe principle of party autonomy in contractual choice of law is widely recognised in the law of most jurisdictions. It has been more than thirty years since party autonomy was first accepted in Chinese private international law. However, the legal rules provided in legislation and judicial interpretations concerning the application of the party autonomy principle are abstract and open-ended. Without a critical understanding of the party autonomy principle and appropriate interpretations of the relevant legal rules, judges have not exercised their discretionary power appropriately. The party autonomy principle has been applied in a way that undermines its very purpose, that is, to protect the legitimate expectations of the parties and promote the predictability of outcomes in transnational commercial litigation. Jieying Liang addresses the question of how, when, and with what limitations, parties'' choice of law clauses in an international commercial contract should be enforced by ChineTrade Review'The book analyses party autonomy in PRC law. It considers when the PRC courts will override parties' express choice of law in the social or public interest. It also discusses the likelihood (or not) of PRC courts allowing parties to stipulate non-state law (e.g., the lex mercatoria) as contractual governing law. As a bonus, it sets out the historical and philosophical underpinnings of party autonomy in China. The work is to be commended for its clarity and breadth.' Anselmo Reyes, The University of Hong Kong'Private commercial relations with the People's Republic of China have grown significantly in recent years. Mechanisms for international dispute resolution are therefore important. Given differences in substantive law and uncertainty about a commercial partner's legal system, private agreements on the applicable law (party autonomy) become of central importance. Jieying Liang's work is a masterful and comprehensive study of the development of party autonomy and its present status under the 2010 Chinese Conflicts Statute, including limitations resulting from mandatory norms and the ability to choose non-state law. It is an indispensable resource.' Peter Hay, L. Q. C. Lamar Professor of Law Emory University, AtlantaTable of Contents1. The development of the party autonomy principle in China; 2. The background to the development of party autonomy; 3. The existence and validity of parties' choice of law; 4. The 'law' that can be chosen by parties; 5. Statutory restrictions on party autonomy (I); 6. Statutory restrictions on party autonomy (II); 7. Ascertainment of the foreign law chosen by parties; 8. Contractual choice of law under the 'One Country, Two Systems' regime; 9. The party autonomy principle in the context of the Chinese legal system.

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Book SynopsisStephen Waddams argues that it is an over-simplification to insist upon too sharp a distinction between the concepts of principle and policy in contract law. Each has incorporated elements of the other, enabling English contract law to change over time while maintaining a high degree of stability and predictability.Trade Review"Principle and Policy is full of elegant and effective historical analysis and has much to offer anyone wanting a better understanding of the development of contract doctrine." -Charlie Webb, London School of Economics and Political Science, UNIVERSITY OF TORONTO LAW JOURNALTable of Contents1. Introduction: empire of reason or republic of common sense?; 2. Intention, will, and agreement; 3. Promise, bargain, and consideration; 4. Unequal transactions; 5. Mistake; 6. Public policy; 7. Enforcement; 8. Conclusion: joint dominion of principle and policy.

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Book SynopsisThere is a wealth of material that shapes the law of State responsibility for breaches of investment contracts. First impressions of an unsettled or uncertain law have thus far gone unchallenged. But unchallenged first impressions point to the need for a detailed study that investigates and analyses the sources, the content, the characteristics, and the evolution of this law. The argument at the heart of this monograph is that the law of state responsibility for breaches of investment contracts has carved a unique and distinct trajectory from the traditional route for the creation of international law, developing principally from arbitral awards, and mimicking, to a considerable extent, the general international law on the protection of aliens and alien property. This book unveils the remarkable journey of the law of state responsibility for breaches of investment contracts, from its origins, to its formation, to its arrival at the cusp of maturity.Trade Review'The author has written an extremely valuable monograph on a topic that surprisingly has received little attention. International investment contracts were once considered the main source of obligations and of consent to binding dispute settlement, yet academic attention has been focused on treaty breach. This text examines the contractual context and makes the link between international responsibility of states under investment contracts and the international law developed through arbitral awards. It is well written and is a superb source of information and explanation about this aspect of international investment law.' Meg Kinnear, Secretary-General, International Centre for the Settlement of Investment Disputes, Washington DC'This monograph is a timely and important contribution to an area of law that is very much in use, but also mired in uncertainty. By analysing the history and development of international law that is specific to contractual protection, the author defines the contours and content of a unique branch of the law of state responsibility. Her thoroughly-researched and provocative thesis promises to engage international investment law scholars, practitioners, and students for years to come.' Hi-Taek Shin, Chairman, Seoul International Dispute Resolution Center'This work is a superlative historical and systematic analysis of legal materials on investment contracts to the present day. As unilateral reforms, both substantive and procedural, are applied to treaty-based investments, compelling foreign investors increasingly to seek contractual protections with a host State, it is likely to become an essential guide for all participants in this specialist field of investor-state investment disputes.' V.V. Veeder, QC, Essex Court Chambers, and Visiting Professor on Investment Arbitration, Dickson Poon School of Law, King's College LondonTable of Contents1. Power and principle in the origins of contractual protection; 2. Arbitral awards and the generation of international law; 3. State responsibility and the core standard of treatment; 4. State responsibility and expropriation; 5. State responsibility and internationalisation; 6. The emerging international law on investment contract protection; 7. The future of international investment contract claims.

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Book SynopsisThe Choice Theory of Contractsis an engaging landmark in law and jurisprudence that shows, for the first time, exactly why and how freedom matters to contract. This concise, readable book gives contract scholars, teachers, and students a coherent liberal account that clarifies canonical cases and solves long-standing doctrinal puzzles.Trade Review'For the past four decades contract theorists have debated the relative merits of welfarist and moral theories of contract. In The Choice Theory of Contracts, Dagan and Heller offer an imaginative and original argument that seeks to accommodate these two seemingly irreconcilable normative views. By situating contractual freedom as the foundation of both utilitarian and communitarian contract norms, Dagan and Heller seek a grand accommodation in which the state creates choice preserving defaults. In the process, they provide the uninitiated reader a lively and very accessible review of contemporary contract theories.' Alan Schwartz and Robert E. Scott, Yale Law School and Robert E. Scott, Alfred McCormack Professor, Columbia Law School'Dagan and Heller's The Choice Theory of Contracts addresses a central challenge of contract theory: the factual diversity and normative complexity of our law of contracts. The authors show the limits of leading monothetic theories, identify a set of values contract law can and should serve, and propose novel design options lawmakers might use to realize those values. The Choice Theory of Contracts is a major work, and essential reading for anyone who wants to think seriously about contemporary contract law and theory.' Gregory Klass, Georgetown University Law Center, Washington, DC'The book's argument for a free choice among a range of attractive contract types constitutes a highly innovative shift in contract theory. In doing so, it also makes an important contribution to the field, which is attractive for theorists and lawmakers on either side of the Atlantic.' Martijn Hesselink, University of Amsterdam'The Choice Theory of Contracts is an elegant and subtle book. Dagan and Heller's organizing idea - that contract law serves self-determination, but in various ways and through a range of distinctive contract types - will give the book a free-standing place in the history of legal thought; their close readings of prior work will intrigue contemporary scholars; and their vivid treatments of concrete contract types will interest and profit students.' Daniel Markovits, Yale University, Connecticut'The Choice Theory of Contracts achieves what many had assumed was impossible: a theory that defends contract law as a distinctive legal institution yet which takes as its starting point the existence of diverse modes of contracting, diverse reasons for entering contracts, and diverse justifications for legally supporting contracts. The Choice Theory is a landmark in contract scholarship.' Stephen A. Smith, McGill University, Canada'Dagan and Heller emphasize the interpersonal dimension of freedom in contractual relations. In a world where contract is ever stronger entrenched through public and private regulation, this book comes as an urgently needed reminder to the preservation of freedom of contract as a social-political project.' Hans-Wolfgang Micklitz, European University Institute, FlorenceTable of ContentsPreface; Acknowledgements; Introduction; Part I. Autonomy as a Contract Value: 1. The challenge of autonomy; 2. Promise theory; 3. Transfer theory; 4. Recovering autonomy; Part II. The Goods of Contract: 5. Utility; 6. Community; Part III. The Choice Theory of Contracts: 7. Contractual freedom; 8. How contract values relate; 9. Contract spheres; 10. Contract types; 11. Market for new types; 12. Choice theory in practice; Conclusion; Notes; Index.

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Book SynopsisThe Tenth Edition continues the approach of earlier editions in emphasizing rich, full-bodied versions of the principal cases, a functionalist approach to the problems of contract law, and analytical notes on such issues as the differences between classical and modern contract law and the role of the limits of cognition in contract law. The new edition includes a great number of new principal cases and case notes, including new materials on consideration, duress, remedies, interpretation, indefiniteness, the statute of frauds, electronic contracting, "browse wrap agreements," and unilateral mistake.

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Book SynopsisWelche Rechtsfolgen lösen die Vertragsaufhebung und die Unmöglichkeit der Rückgabe der empfangenen Leistung im UN-Kaufrecht aus? Michael Sonnentag trifft die Abgrenzung der Verantwortungsbereiche des Verkäufers und des Käufers für die Unmöglichkeit der Rückgabe der Ware in unversehrtem Zustand aufgrund einer Interessenabwägung. Maßgebende Kriterien für diese Abwägung sind die Verantwortlichkeit für die Vertragsaufhebung, das Interesse des Käufers am Gebrauch der Ware, die Sachherrschaft über die Ware sowie das Interesse des Rückgewährgläubigers am Rückerhalt der erbrachten Leistung in unversehrtem Zustand oder zumindest dem Werte nach. Michael Sonnentag beschränkt sich nicht auf die Klärung der Probleme im geltenden Recht, sondern unterbreitet auch Vorschläge zur Lösung dieser Fragen in einem künftigen europäischen Vertragsrecht.

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Book SynopsisNach klassischer vertragstheoretischer Vorstellung sind es allein die Vertragsparteien, die sämtliche Vertragsinhalte festlegen. Dies alles soll zudem im kurzen Augenblick des Vertragsschlusses geschehen. Tatsächlich organisiert unser Vertragsrecht jedoch eine personell wie zeitlich sorgsam verteilte Entscheidungsfindung, die einem konkreten Anliegen dient: Jede Partei soll nur so weit rechtlich belastet werden, wie dies deren eigenen Zielen dient (Rechtfertigungsprinzip). Markus Rehberg illustriert dies anhand klassischer Fallgruppen wie Drohung, Irrtum, Eigenschaften, Stellvertretung, Allgemeine Geschäftsbedingungen, Werbung, dispositives Recht oder Leistungsstörungen. Besondere Aufmerksamkeit widmet er dabei der so fruchtbaren Diskussion des 19. Jahrhunderts sowie wichtigen internationalen Stimmen.

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Book SynopsisAbsurde Verträge sind Verträge über offensichtlich unmögliche Leistungen. Sie zeichnen sich durch ein gewisses Maß an Lächerlichkeit sowie die Nutzlosigkeit der Leistungshandlung für den erhofften Leistungserfolg aus. Betroffen sind neben esoterischen und übersinnlichen Leistungen vor allem Heilbehandlungen, die Erkenntnissen der Medizin offenkundig widersprechen. Ungewöhnliche Leistungsversprechen wie die Aktivierung positiver Energien oder wissenschaftlich nicht nachweisbare Wirkstoffe erfordern eine neuartige, tiefgehende Abmessung der Reichweite und Anwendbarkeit des § 275 Abs. 1 BGB unter Einbeziehung der Wissenschaftstheorie. Über die Rechtswissenschaft hinaus reicht die gesellschaftliche Frage, welche Toleranz Leistungsangebote genießen sollten, die auf eigenwilligen Weltanschauungen beruhen und teilweise direkt mit wissenschaftlichen Erkenntnissen kollidieren. Diese und andere Faktoren, wie etwa der Placebo-Effekt, die Würde der Rechtsordnung oder der vermeintliche Kauf einer realen Chance, sind in der rechtsfortbildenden Lösung wertungsmäßig zu berücksichtigen.

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