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Vol 25 No 2 Feb/March 2020

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Comparative Contract Law: Cases, Materials and Exercises 2nd ed

ISBN13: 9781788975483
Previous Edition ISBN: 9780230579798
Published: January 2019
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Paperback
Price: £45.95

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Promoting a ‘learning-by-doing’ approach to comparative contract law and comparative methodology, this second edition of Comparative Contract Law updates the first true student reader on the subject. It brings together extracts from legislation and court practice in a way that lets students experience comparative law in action, presenting a unique guide to European and International contract law.

This updated second edition provides:

  • an international perspective on highly topical, real-life issues of contract law
  • materials from some 30 jurisdictions in both their original languages, and in excellent translations
  • the chance for students to solve scenarios according to the laws of different jurisdictions and compare and evaluate the solutions and approaches they identify
  • the opportunity for students to engage with a broad array of case material and to develop their skills as comparative lawyers.
Essential reading for all students, practitioners, and scholars of comparative contract law and methodology, this second edition remains a vital practical guide for those seeking to familiarise themselves with real-world materials and to better understand the diverse approaches to modern contract law.

Contract Law, Comparative Law
Part A Introduction
1. Contract Law in the 21st century - the purpose of this book
2. A case-oriented and multilateral approach to the teaching, studying and learning of comparative law - the approach used in this book
3. Is it legitimate and beneficial for judges to compare?
4. An introduction to the Principles of Contract Law: the needs to which they respond and the purposes for which they are designed

I. Formation of contracts
5. Case study 1: Offer or invitation to treat (Invtio ad offerendum)
6. Case study 2: Conditions for the formation of a contract – agreement or more? (cause and consideration)
7. Case study 3: Obligation to maintain an offer or freedom to revoke it
8. Case study 4: Modification of contracts – the free will of the parties or limits on the freedom to contract (consideration revisited)
9. Case study 5: The battle of forms

II. Performance of contracts
10. Case study 6: Right to receive performance of a contract or just a right to receive damages
11. Case study 7: Damages and the role of the fault of the seller in the event of delivery of goods not in conformity with the contract
12. Case study 8: Change of circumstances
13. Case study 9: Contracts and the transfer of ownership in movable property

III. The law applicable to cross-border contracts and the future of European contract law
14. Case study 10: The law applicable to cross-border contracts (introduction)
15. Case study 11: The future of European contract law