Overview
Contractual remedies aimed at performance create a well-known rift between common law and civil law traditions, in the one existing in the shadow of damages, whilst in the other regarded as a generally enforceable right following from the contract. Developments in approximation of laws in Europe, in particular in consumer sales law, suggest however that a convergence of these approaches may be within reach. Putting the focus on the contract of sale, which as the most common type of contract may fulfil a leading role in the harmonisation process, this book aims to provide a model for further convergence of European sales laws, engaging with issues of contract theory and comparative law lying at the heart of the process. Independently from this, the comparison between different systems is used in order to highlight particular problems in the remedial schemes of individual systems and to see whether a better solution may be borrowed from elsewhere. Scaling the interests of sellers and buyers as reflected in national laws as well as in uniform sets of rules such as CISG and PECL, a plea is made for a primary position for performance-oriented remedies in the harmonisation of European sales law. In this context, special significance is attributed to the possibility of cure by the seller, which has both practical and conceptual links to the buyer's remedies aimed at performance.
Full Product Details
Author: Vanessa Mak
Publisher: Bloomsbury Publishing PLC
Imprint: Hart Publishing
Volume: 10
Dimensions:
Width: 15.60cm
, Height: 1.90cm
, Length: 23.40cm
Weight: 0.430kg
ISBN: 9781841138930
ISBN 10: 1841138932
Pages: 244
Publication Date: 15 January 2009
Audience:
Professional and scholarly
,
Professional & Vocational
Format: Hardback
Publisher's Status: Active
Availability: Manufactured on demand
We will order this item for you from a manufactured on demand supplier.
Reviews
an important addition to the literature this is a book which will be of interest to many, and it deserves to be read widely. Christian Twigg-Flesner Journal of Consumer Policy 2009 The thrust of Vanessa Mak's thesis ... is a very rich comparative analysis of the 'performance-oriented remedies' in sale of goods contracts. We have nothing but praise for the clarity, the courage and the intelligence with which Vanessa Mak develops what she hold to be the best remedial regime for a future unique European sales law Yves-Maries Laithier European Review of Contract Law Vol. 5, 2009, No. 4
Author Information
Vanessa Mak has law degrees from Rotterdam and Oxford, where she also obtained her DPhil. She then lectured at Oriel College, Oxford, and is currently a post-doctoral Fellow at TICOM (Tilburg Institute of Comparative and Transnational Law), the Netherlands.
