Wildy logo
(020) 7242 5778
enquiries@wildy.com

Wildy’s Book News

Book News cover photo

Vol 22 No 10 Oct/Nov 2017

Book of the Month

Cover of Lindley & Banks on Partnership

Lindley & Banks on Partnership

Price: £380.00

Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Performance-Oriented Remedies in European Sale of Goods Law


ISBN13: 9781841138930
Published: January 2009
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £70.00



Despatched in 4 to 6 days.

Contractual remedies aimed at performance create a well-known rift between common law and civil law traditions, in the one existing in the shadow of damages, whilst in the other regarded as a generally enforceable right following from the contract. Developments in approximation of laws in Europe, in particular in consumer sales law, suggest however that a convergence of these approaches may be within reach.

Putting the focus on the contract of sale, which as the most common type of contract may fulfil a leading role in the harmonisation process, this book aims to provide a model for further convergence of European sales laws, engaging with issues of contract theory and comparative law lying at the heart of the process. Independently from this, the comparison between different systems is used in order to highlight particular problems in the remedial schemes of individual systems and to see whether a better solution may be borrowed from elsewhere.

Scaling the interests of sellers and buyers as reflected in national laws as well as in uniform sets of rules such as CISG and PECL, a plea is made for a primary position for performance-oriented remedies in the harmonisation of European sales law. In this context, special significance is attributed to the possibility of cure by the seller, which has both practical and conceptual links to the buyer's remedies aimed at performance.

Subjects:
Contract Law, Commercial Law, Remedies and Damages, Consumer Law
Contents:
1—Introduction
2—Harmonisation of European Sale of Goods Laws
3—The Nature and Scope of Performance-Oriented Remedies
4—The Buyer’s Entitlement to Specific Performance
5—Repair and Replacement
6—The Seller’s Right to Cure
7—Cure: Enforcement, Limitations and the Hierarchy of Remedies
8—Conclusion

Series: Studies of the Oxford Institute of European and Comparative Law

£74.99 + £15.00 VAT
(ePub)
Buy
The Code Napoleon Rewritten: French Contract Law after the 2016 Reforms ISBN 9781509911608
Published October 2017
Hart Publishing
£90.00
£70.82 + £14.17 VAT
(ePub)
Buy
General Principles of Law: European and Comparative Perspectives ISBN 9781509910717
Published June 2017
Hart Publishing
£85.00
The Unitary EU Patent System ISBN 9781509914173
Published June 2017
Hart Publishing
£24.99
General Principles of Law: European and Comparative Perspectives (eBook) ISBN 9781509910700
Published June 2017
Hart Publishing
£70.82 + £14.17 VAT
(ePub)
Buy
£62.49 + £12.50 VAT
(ePub)
Buy
Passing Wealth on Death: Will-Substitutes in Comparative Perspective ISBN 9781849466981
Published May 2016
Hart Publishing
£75.00
£70.82 + £14.17 VAT
(ePub)
Buy
£32.99
The Unitary EU Patent System (eBook) ISBN 9781849469401
Published January 2015
Hart Publishing
£20.82 + £4.17 VAT
(ePub)
Buy
The Unitary EU Patent System ISBN 9781849466196
Published January 2015
Hart Publishing
£55.00
£27.49 + £5.50 VAT
(ePub)
Buy
£65.00
The Involvement of EU Law in Private Law Relationships (eBook) ISBN 9781782251057
Published March 2013
Hart Publishing
£70.82 + £14.17 VAT
(ePub)
Buy
The Involvement of EU Law in Private Law Relationships ISBN 9781849463300
Published March 2013
Hart Publishing
£85.00
£49.99 + £10.00 VAT
(ePub)
Buy
Protection of Fundamental Rights in the EU After Lisbon (eBook) ISBN 9781782250593
Published January 2013
Hart Publishing
£45.82 + £9.17 VAT
(ePub)
Buy
Protection of Fundamental Rights in the EU After Lisbon ISBN 9781849464437
Published January 2013
Hart Publishing
£55.00
Constitutional Pluralism in the European Union and Beyond (eBook) ISBN 9781847318923
Published February 2012
Hart Publishing
£79.16 + £15.83 VAT
(ePub)
Buy
Constitutional Pluralism in the European Union and Beyond ISBN 9781849461252
Published February 2012
Hart Publishing
£95.00
Prohibition of Abuse of Law: A New General Principle of EU Law ISBN 9781841139388
Published June 2011
Hart Publishing
£100.00
£83.32 + £16.67 VAT
(ePub)
Buy
Article 82 EC: Reflections on Its Recent Evolution
Edited by: Ariel Ezrachi
ISBN 9781841132501
Published October 2009
Hart Publishing
£70.00
Reforming the French Law of Obligations ISBN 9781841138053
Published April 2009
Hart Publishing
£140.00
£116.66 + £23.33 VAT
(ePub)
Buy
Forum Shopping in the European Judicial Area ISBN 9781841137834
Published December 2007
Hart Publishing
£70.00
Better Regulation ISBN 9781841137155
Published June 2007
Hart Publishing
£70.00
Constitutionalism and the Role of Parliaments ISBN 9781841136431
Published June 2007
Hart Publishing
£60.00
Human Rights and Private Law: Privacy as Autonomy ISBN 9781841137148
Published April 2007
Hart Publishing
£50.00
Human Rights and Private Law: Privacy as Autonomy (eBook) ISBN 9781847317025
Published April 2007
Hart Publishing
£41.66 + £8.33 VAT
(ePub)
Buy
The Public Law/Private Law Divide: Une entente assez cordiale? ISBN 9781841136356
Published March 2006
Hart Publishing
£55.00