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Vol 23 No 5 May/June 2018

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European Contract Law: Scots and South African Perspectives

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ISBN13: 9780748624256
ISBN: 0748624252
Published: February 2006
Publisher: Edinburgh University Press
Country of Publication: Scotland
Format: Hardback
Price: £100.00

Despatched in 8 to 10 days.

This volume sets out initially to test the claim that, as combinations of Civil and Common Law influences, the mixed systems of contract law in Scotland and South Africa have anticipated the content of the Principles of European Contract Law (PECL) concluded and published in 2003 by the unofficial Commission on European Contract Law.

The studies go much further, however. Current official moves towards a European contract law within the European Union lend the critiques of PECL offered in this volume an especial urgency and significance. A European contract law is nearer to reality than ever before, and mere policy critiques of that possibility are no longer enough. Technical and substantive assessments of PECL are also essential.

This book provides just such assessments from the perspective of Scots and South African contract lawyers, and is offered to the European debate without prejudice as to the deeper policy questions.At the same time it may help to inform Scots and South African lawyers about the substance of international developments in the field, and suggest ways in which their still vigorous and vital national laws may continue to be developed to remain in step with the needs of the present day.

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South Africa, Comparative Law, Scots Law, Other Jurisdictions
List of Contributors
List of Abbreviations
1. Ius Commune and the Principles of European Contract Law: Contemporary Renewal of an Old Idea, Reinhard Zimmermann
2. Good Faith, Hector L. MacQueen
3. Offer, Acceptance, and the Moment of Contract Formation, Geo Quinot
4. The Battle of Forms, Angelo D. M. Forte
5. Agency, Laura Macgregor
6. Threats and Excessive Benefits or Unfair Advantage, Jacques du Plessis
7. Interpretation, Eric Clive
8. Third-Party Contracts, Philip Sutherland
9. Payment, Charl Hugo
10. Specific Performance and Special Damages, Sieg Eiselen
11. Termination for Breach of Contract, Tjakie Naude
12. Assignment, Gerhard Lubbe
13. Capitalisation of Interest, Max Loubser
Appendix: The Principles of European Contract Law
Table of Cases