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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 Enforceability of Promises in European Contract Law

Edited by: James Gordley

ISBN13: 9780521108683
Published: December 2009
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardback in 2001)
Price: £44.99
Hardback edition , ISBN13 9780521790215

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Civil law and common law systems are held to enforce promises differently: civil law, in principle, will enforce any promise, while common law will enforce only those with ‘consideration’. In that respect, modern civil law supposedly differs from the Roman law from which it descended, where a promise was enforced depending on the type of contract the parties had made. This volume is concerned with the extent to which these characterizations are true, and how these and other differences affect the enforceability of promises. Beginning with a concise history of these distinctions, the volume then considers how twelve European legal systems would deal with fifteen concrete situations. Finally, a comparative section considers why modern legal systems enforce certain promises and not others, and what promises should be enforced. This is the second completed project of The Common Core of European Private Law launched at the University of Trento.

• Exploration of the practical significance of formal legal distinctions • Examination of fifteen concrete cases • Examines twelve different European legal systems

Contract Law
General editor’s preface
Table of legislation
1. Some perennial problems
2. Contemporary solutions:
Case 1: promises of gifts
Case 2: promises of compensation for services rendered without charge
Case 3: promises to pay debts not legally due
Case 4: a promise to come to dinner
Case 5: promises to store goods without charge
Case 6: promises to do a favour
Case 7: promises to loan goods without a charge
Case 8: a requirements contract
Case 9: promises to pay more than was agreed I
Case 10: promises to pay more than was agreed II
Case 11. Promises to do more than was agreed
promises to waive a condition
Case 12: promises to take less than was agreed
Case 13: options given without a charge
Case 14: promises of rewards
Case 15: promises of commissions
3. Comparison
Index by country
Index by subject.