Full Description
This volume tests the claim that, as combinations of Civil and Common Law influences, the mixed systems of contract law in Scotland and South Africa have anticipated the content of the Principles of European Contract Law (PECL) concluded and published in 2003 by the unofficial Commission on European Contract Law. Going further, it rigorously explores what the implications of a Europe-wide contract law would be.
The current official moves towards a European contract law within the European Union make the critiques of PECL in this volume especially urgent and significant. With a European contract law nearer to reality than ever before, mere policy critiques are no longer enough. This book provides the essential technical and substantive assessments of PECL from the perspective of Scots and South African contract lawyers, and is offered to the European debate without prejudice as to the deeper policy questions.
At the same time, this volume will inform Scots and South African lawyers about the substance of international developments in the field, and suggest ways to develop their still vigorous and vital national laws to remain in step with the needs of the present day.
Contents
Preface; List of Contributors; List of Abbreviations; 1. Ius Commune and the Principles of European Contract Law - Contemporary Renewal of an Old Idea, Reinhard Zimmermann; 2. Good Faith, Hector L. MacQueen; 3. Offer, Acceptance, and the Moment of Contract Formation, Geo Quinot; 4. The Battle of Forms, Angelo D. M. Forte; 5. Agency, Laura Macgregor; 6. Threats and Excessive Benefits or Unfair Advantage, Jacques du Plessis; 7. Interpretation, Eric Clive; 8. Third-Party Contracts, Philip Sutherland; 9. Payment, Charl Hugo; 10. Specific Performance and Special Damages, Sieg Eiselen; 11. Termination for Breach of Contract, Tjakie Naudé; 12. Assignment, Gerhard Lubbe; 13. Capitalisation of Interest, Max Loubser; Appendix: The Principles of European Contract Law; Table of Cases; Index.
