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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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The Common European Sales Law in Context: Interactions with English and German Law

Edited by: Gerhard Dannemann, Stefan Vogenauer

ISBN13: 9780199678907
Published: March 2013
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £140.00

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European Contract Law unification projects have recently advanced from the Draft Common Frame of Reference (2009) to a European Commission proposal for an optional Common European Sales Law (2011) which is to facilitate cross-border marketing.

This book investigates for the first time how CESL and DCFR rules would interact with various aspects of domestic law, represented by English and German law. Nineteen chapters, co-authored by British and German scholars, examine such interface issues for eg pre-contractual relationships, notions of contract, formation, interpretation, and remedies, extending to non-discrimination, third parties, transfers or rights, aspects of property law, and collective proceedings.

They go beyond a critical analysis of CESL and DCFR rules by demonstrating where and how CESL rules would interact with neighbouring areas of English and German law before English and German courts, how domestic traditions might influence the application, which aspects might motivate sellers and buyers to choose or reject CESL, and which might serve as model for national legislators. The findings are summarized in the final two chapters.

Contract Law, Commercial Law, European Jurisdictions, EU Law, Germany
1. Introduction
2. Choice of CESL and Conflict of Laws
3. Drafting and Interpretation
4. Conceptions of Contract
5. Non-Discrimination and the 'Constitutionalization' of Contract Law
6. Language of Information, Contract, and Communication
7. Pre-Contractual Duties
8. Conclusion of Contract
9. The Right of Withdrawal
10. Interpretation of Contracts
11. Defects in Consent: Mistake, Fraud, Coercion, Threats, Unfair Exploitation
12. Control of Standard Contract Terms
13. 'Representation'
14. Contract Terms in Favour of Third Parties
15. Transfer of Rights and Obligations
16. Supervening Events
17. Obligations of Sellers and Buyers
18. Specific Performance and Right of Cure
19. Termination, Price Reduction, and Damages
20. Control of Standard Terms and Collective Proceedings
21. The CESL as Optional Sales Law: Interactions with English and German Law
22. The DCFR and the CESL as Models for Law Reform