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Vol 22 No 9 Sept/Oct 2017

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Mistake, Fraud and Duties to Inform in European Contract Law

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ISBN13: 9780521093101
ISBN: 0521093104
Published: January 2005
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: £41.99
Hardback edition , ISBN13 9780521844239



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This 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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Subjects:
Contract Law
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.

Series: The Common Core of European Private Law

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