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Vol 23 No 6 June/July 2018

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Cases, Materials and Text on Contract Law 2nd ed isbn 9781841136042

Contract Law

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Hugh BealeProfessor of Law, University of Warwick

ISBN13: 9781841132372
ISBN: 1841132373
New Edition ISBN: 9781841136042
Published: February 2002
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: Out of print

This is the second book in the ""Casebooks for the Common Law of Europe"" series, developed for use throughout Europe and aimed at those who teach, learn or practice law with a comparative or European perspective.

The book contains leading cases, legislation and other materials from the legal traditions within Europe, with a focus on English, French and German law as the main representatives of those traditions. ""Contract Law"" contains the basic texts and contrasting cases as well as extracts from the various international restatements (Vienna Sales Convention, UNIDROIT, Principles of European Contract Law and so on).

Materials are chosen and ordered so as to foster comparative study, and complemented with annotations and comparative overviews prepared by a multinational team.

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Contract Law
Part 1 Introduction: the notion of contract - place and sources of contract law, categories of contract, specific peculiarities
the scope of contract - contract and tort, contract and restitution (quasi- contract)
binding nature of contractual obligations -intention to create legal relations, foundations of the binding force of contract, cause (other than unlawful cause) and consideration, formal requirements.
Part 2 Formation: offer and acceptance - introductory note, offer, acceptance
pre-contractual good faith - a general duty of pre-contractual good faith, defining pre-contractual good faith.
Part 3 Validity: immoral and illegal contracts - conflicts with principles of sexual morality and family life, contracts in restraint of trade, contracts forbidden by statute, restitution of benefits conferred under an immoral or illegal contract
fraud, mistake and misrepresentation - general introduction, fraud, mistake, non-disclosure, adaptation of contracts, comparative summary - mistake and the international restatements
threats and abuse of circumstances - threats, abuse of circumstances and excessive benefit - qualified "laesio enormis"
unfair clauses - controls under the general law, legislative controls, the effect of the EC directive on unfair terms in consumer contracts, key issues in unfair contract terms legislation, public law controls, concluding remarks.
Part 4 Interpretation and contents: interpreting contractual words - general rules, the "contra preferentem" interpretation rule
supplying omitted terms.
Part 5 Supervening events in the life of contract: impossibility of performance - the French system, the German system, the English system, impossibility of performance in international instruments
hardship - laws which decline to revise the contract, recognition of the revising power - German law
clauses dealing with supervening events - indexation clauses
"force majeure" clauses
hardship clauses.
Part 6 Remedies for non-performance: fault and the nature of the debtor's obligation - the German approach, the French approach, the English spproach, comparative overview
enforcement "in natura" - non-monetary obligations, monetary obligations
withholding performance - an introduction to withholding performance and termination, withholding performance
termination -the meaning of termination, basic rules and means of termination, termination because goods delivered are defective, the seriousness of the default, time stipulations, termination before performance is due, agreed rights of termination, right to perform before due date, effects of termination
damages - the basic measure of damages for breach of contract, the requirement of notice, restrictions on damages recoverable, some typical cases, agreed damages and forfeiture clauses.
Part 7 Third party consequences: third party beneficiaries - party beneficiaries - the position in general, the basis of third party claims, exemption clauses for the benefit of third parties, mo