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Mistake, Fraud and Duties to Inform in European Contract Law

$79.00 (P)

Part of The Common Core of European Private Law

Ruth Sefton-Green, Martin Josef Schermaier, John Cartwright
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  • Date Published: January 2009
  • availability: Available
  • format: Paperback
  • isbn: 9780521093101

$ 79.00 (P)
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About the Authors
  • This 2005 examination of twelve case studies about mistake, fraud and duties to inform reveals significant differences about how contract law works in thirteen European legal systems and, despite the fact that the solutions proposed are often similar, what divergent values underlie the legal rules. Whereas some jurisdictions recognise increasing duties to inform in numerous contracts so that the destiny of mistake and fraud (classical defects of consent) may appear to be uncertain, other jurisdictions continue to refuse such duties as a general rule or fail to recognise the need to protect one of the parties where there is an imbalance in bargaining power or information. Avoiding preconceptions as to where and why these differences exist, this book first examines the historical origins and development of defects of consent, then considers the issues from a comparative and critical standpoint.

    • Focuses on the way in which the law exhibits values in terms of legal results, rather than with the doctrines and concepts the law uses or its social results
    • Offers an original analysis of the European systems covered, rather than just providing a compilation of information on the various legal systems
    • Presents 12 carefully constructed hypothetical case-studies followed by the answers of 13 European jurisdictions to these case-studies
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    Reviews & endorsements

    "...gives us both more true comparison and method than most other current projects. This may well be what the current debate needs most." -Ralf Michaels, Duke University School of Law

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    Product details

    • Date Published: January 2009
    • format: Paperback
    • isbn: 9780521093101
    • length: 464 pages
    • dimensions: 229 x 152 x 26 mm
    • weight: 0.68kg
    • availability: Available
  • Table of Contents

    Preface
    List of contributors
    Table of legislation
    List of abbreviations
    1. General introduction Ruth Sefton-Green
    2. Mistake, misrepresentation and precontractual duties to inform: the civil law tradition Martin Josef Schermaier
    3. The rise and fall of mistake in the English law of contract John Cartwright
    4. Case studies: Case 1: Anatole v. Bob
    Case 2: Célimène v. Damien
    Case 3: Emile v. Far Eastern Delights
    Case 4: Mr and Mrs Timeless v. Mr and Mrs Careless
    Case 5: Bruno v. The Local Garage
    Case 6: Emmanuel v. The Computer Shop
    Case 7: Cinderella
    Case 8: Estella v. Uriah Heep
    Case 9: Nell v. Scrooge Bank
    Case 10: Zachary
    Case 11: Monstrous Inventions Ltd v. Mary Shelley
    Case 12: Lady Windermere v. Angel
    5. Comparative conclusions Ruth Sefton-Green
    Index.

  • Editor

    Ruth Sefton-Green, Université de Paris I
    UMR de droit compare de Paris, Université Paris1.

    Contributors

    Ruth Sefton-Green, Martin Josef Schermaier, John Cartwright

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