Overview

Aimed at those who teach, learn or practice law with a comparative or European perspective, this work contains leading cases, legislation and other materials from the legal traditions within Europe, with a focus on English, French and German law as the main representatives of those traditions.

Full Product Details

Author:   Professor Hugh Beale ,  Arthur Hartkamp ,  Hein Kotz ,  Denis Tallon
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Volume:   2
Dimensions:   Width: 17.10cm , Height: 5.40cm , Length: 24.60cm
Weight:   1.600kg
ISBN:  

9781841132372

ISBN 10:   1841132373
Pages:   1088
Publication Date:   19 February 2002
Audience:   College/higher education ,  Professional and scholarly ,  Undergraduate ,  Postgraduate, Research & Scholarly
Replaced By:   9781841136042
Format:   Paperback
Publisher's Status:   Out of Print
Availability:   Awaiting stock  

Table of Contents

Part 1 Introduction: the notion of contract - place and sources of contract law, categories of contract, specific peculiarities; the scope of contract - contract and tort, contract and restitution (quasi- contract); binding nature of contractual obligations -intention to create legal relations, foundations of the binding force of contract, cause (other than unlawful cause) and consideration, formal requirements. Part 2 Formation: offer and acceptance - introductory note, offer, acceptance; pre-contractual good faith - a general duty of pre-contractual good faith, defining pre-contractual good faith. Part 3 Validity: immoral and illegal contracts - conflicts with principles of sexual morality and family life, contracts in restraint of trade, contracts forbidden by statute, restitution of benefits conferred under an immoral or illegal contract; fraud, mistake and misrepresentation - general introduction, fraud, mistake, non-disclosure, adaptation of contracts, comparative summary - mistake and the international restatements; threats and abuse of circumstances - threats, abuse of circumstances and excessive benefit - qualified laesio enormis ; unfair clauses - controls under the general law, legislative controls, the effect of the EC directive on unfair terms in consumer contracts, key issues in unfair contract terms legislation, public law controls, concluding remarks. Part 4 Interpretation and contents: interpreting contractual words - general rules, the contra preferentem interpretation rule; supplying omitted terms. Part 5 Supervening events in the life of contract: impossibility of performance - the French system, the German system, the English system, impossibility of performance in international instruments; hardship - laws which decline to revise the contract, recognition of the revising power - German law; clauses dealing with supervening events - indexation clauses; force majeure clauses; hardship clauses. Part 6 Remedies for non-performance: fault and the nature of the debtor's obligation - the German approach, the French approach, the English spproach, comparative overview; enforcement in natura - non-monetary obligations, monetary obligations; withholding performance - an introduction to withholding performance and termination, withholding performance; termination -the meaning of termination, basic rules and means of termination, termination because goods delivered are defective, the seriousness of the default, time stipulations, termination before performance is due, agreed rights of termination, right to perform before due date, effects of termination; damages - the basic measure of damages for breach of contract, the requirement of notice, restrictions on damages recoverable, some typical cases, agreed damages and forfeiture clauses. Part 7 Third party consequences: third party beneficiaries - party beneficiaries - the position in general, the basis of third party claims, exemption clauses for the benefit of third parties, mo

Reviews

...un outil incontournable pour mieux comprendre une matiere a la fois tres ancienne mais immanquablement evolutive. Dionysios Kelesidis Contrats Publics July-August 2005

Author Information

Hugh Beale is a Professor of Law at the University of Warwick and a former law commissioner for England and Wales.

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