Hugh Beale, Bénédicte Fauvarque-Cosson, Jacobien Rutgers, Stefan Vogenauer

Cases, Materials and Text on Contract Law (eBook, ePUB)

• Format: ePub

Produktbeschreibung

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.

Produktdetails

• Verlag: Bloomsbury UK eBooks
• Seitenzahl: 1520
• Erscheinungstermin: 28. Februar 2019
• Englisch
• ISBN-13: 9781509912582
• Artikelnr.: 55413444

Autorenporträt

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.

Inhaltsangabe

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