Full Description
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.
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
