Description
Book Synopsis
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.
Trade Review
Excellent book which will be a joy to work with in this course. -- Lukas Rademacher * University of Cologne *
Just excellent throughout. Hard to think what more it could offer, or how the quality could be improved. Thanks to all involved for such a tremendous resource. -- Colm McGrath * King's College London *
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,
IMPRÉVISION 30. CLAUSES DEALING WITH SUPERVENING EVENTS
PART 7 THIRD PARTY CONSEQUENCES 31. CONTRACTS FOR THE BENEFIT OF THIRD PARTIES 32. AGENCY 33. ASSIGNMENT
