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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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Comparative Law in Practice: Contract Law in a Mid-Channel Jurisdiction

ISBN13: 9781782257219
Published: August 2016
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £70.00

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This book provides a comparative study of contract law, examining the interaction of common law and civil law approaches to contract law.

Drawing extensively upon English, French and European law, the book explores how the law of contract of Jersey, Channel Islands, has been influenced by both civil law and common law sources.

It is argued that this jurisdiction is a striking example of comparative law in action, given that the contract law is made up of a blend of common law and civil law approaches, with the law premised upon a subjective approach to contracts, in which civil law concepts such as cause (rather than consideration) and vices de consentement are the foundational aspects, but which is nonetheless highly influenced by the common law in areas such as remedies (damages, termination etc).

The book analyses a series of key issues from a comparative and European perspective, including principles underlying contract law (comparing and contrasting civil and common law approaches), the formation of contract, requirements of reciprocity (cause vs consideration), structure and approach of pre-contractual liability, role of good faith in a mixed system, the architecture of remedies and more.