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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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Mistake, Fraud and Duties to Inform in European Contract Law

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ISBN13: 9780521844239
ISBN: 0521844231
Published: January 2005
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £105.00
Paperback edition , ISBN13 9780521093101

This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

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.

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Contract Law
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: Celimene 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.