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Vol 22 No 3 March/April 2017

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Mistake and Non-Disclosure of Fact: Models for English Contract Law

ISBN13: 9780199593880
Published: August 2012
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £38.99

Despatched in 4 to 6 days.

Also available as
+ £6.16 VAT

In this book Hugh Beale examines the case for reforming the law on mistake and non-disclosure of fact to bring English law closer to the law in much of continental Europe.

There, and in common law countries like the US, a party may avoid a contract for mistake of fact on a more liberal basis, and a party who deliberately keeps silent knowing that the other party is making a mistake may be guilty of fraud. This is not necessarily the case in England and Wales.

Developing a proposal for law reform, the author concedes that the English courts require a law that puts great emphasis on certainty and expects parties to look out for their own interests; but posits that this individualistic approach is not suitable for smaller businesses which are less sophisticated and which are likely to be making low value contracts, so that relative cost of taking advice will be high.

He argues that the solution may not be to reform English contract law generally, but to support the development of an optional instrument on contract law, along the lines of the Common European Sales Law recently proposed by the European Commission. This measure is aimed specifically at the needs of small and medium enterprises, and contains the protective rules found in the other jurisdictions.

It is aimed primarily at cross-border sales, but Member States would be given the option of adopting it for domestic transactions too. This would give small businesses the choice of using the current "hard-nosed" law or adopting the more protective optional instrument, recognizing that different parties require different things from the law governing their contract.

Contract Law
Background: 'European' Principles of Contract Law
Defining the Issue
Real Differences between English and the 'European' Laws

Commonwealth Laws
European Models
United States
What to Make of the Survey?

Models Not to Follow
The Underlying Aim: Protection of Autonomy or Fairness in Exchange?
A Plausible 'Informed Consent' Model
A Provisional Proposal

Series: Clarendon Law Lectures

Mistake and Non-Disclosure of Fact: Models for English Contract Law (eBook) ISBN 9780191641916
Published August 2012
Oxford University Press
£30.82 + £6.16 VAT
Women, Crime, and Character: From Moll Flanders to Tess of the D'Urbervilles ISBN 9780199544363
Published August 2008
Oxford University Press
Active Liberty: Interpreting a Democratic Constitution ISBN 9780199227075
Published March 2008
Oxford University Press
Gatekeepers: The Professions and Corporate Governance ISBN 9780199288090
Published May 2006
Oxford University Press
Same Sex Relationships: From Odious Crime to Gay Marriage ISBN 9780199297733
Published May 2006
Oxford University Press
State Liability: Tort Law and Beyond ISBN 9780199272648
Published September 2004
Oxford University Press
Intellectual Property: Omnipresent, Distracting, Irrelevant?
William R. CornishHerchel Smith Professor of Intellectual Property Law, University of Cambridge
ISBN 9780199263073
Published February 2004
Oxford University Press
Managing Intellectual Capital New ed
David J. TeeceUniversity of California at Berkeley, USA
ISBN 9780198295426
Published September 2003
Oxford University Press
Roman Law, Contemporary Law, European Law: The Civilian Tradition Today
Reinhard ZimmermannProfessor of Law, University of Regensburg, Germany
ISBN 9780198299134
Published July 2003
Oxford University Press
The Practice of Principle: In Defence of a Pragmatist Approach to Legal Theory New ed
Jules ColemanWesley Newcomb Hohfeld Professor of Jurisprudence and Philosophy, Yale University, USA
ISBN 9780199264124
Published June 2003
Oxford University Press
Some Landmarks of Twentieth Century Contract Law
Guenter TreitelFellow, All Souls College, University of Oxford
ISBN 9780199255757
Published September 2002
Oxford University Press
Change and Continuity: Statute, Equity and Federalism ISBN 9780198298236
Published July 2001
Oxford University Press
The Law's Two Bodies ISBN 9780199245185
Published May 2001
Oxford University Press
The Practice of Principle: In Defence of a Pragmatist Approach to Legal Theory
Jules ColemanWesley Newcomb Hohfeld Professor of Jurisprudence and Philosophy, Yale University, USA
ISBN 9780198298144
Published May 2001
Oxford University Press
Economic Torts
Tony WeirFellow and Reader in Law, Trinity College, University of Cambridge
ISBN 9780198265931
Published October 1997
Oxford University Press
Law and Legal Theory in the UK and USA
Richard A. PosnerChief Justice, Court of Appeals Seventh Circuit for the United States, Chicago, USA
ISBN 9780198264712
Published September 1997
Oxford University Press