Details
This is the third edition of the widely acclaimed and successful casebook on Contract in the Ius Commune Series, developed to be used throughout Europe and beyond, by anyone who teaches, learns or practises law with a comparative or European perspective.
Materials are chosen and ordered so as to foster comparative study, and complemented with annotations and comparative overviews prepared by a multinational team. The whole Casebook is in English.
The third edition includes many new developments at the EU level (including the ill-fated proposal for a Common European Sales Law and further developments linked to the digital single market) and in the national laws, in particular the 2016 revisions of the French Code civil as well as the UK's Consumer Rights Act 2015 and new cases.
The principal subjects covered in this book include: An overview of EU legislation and of soft law Principles, and their interrelation with national law; the role of General Principles; the distinctions between Contract and Property, Tort and Restitution; Formation and Pre-contractual Liability; Validity, including Duties of Disclosure; Interpretation and Contents; Performance and non Performance, Remedies; Supervening Events; and Third Parties.
- PART 1
- INTRODUCTION
- 1. GENERAL TRENDS IN MODERN CONTRACT LAW
- 2. EUROPEAN UNION LAW ON CONTRACTS
- 3. PRINCIPLES, SOFT LAW AND LEGISLATIVE PROPOSALS IN EUROPEAN CONTRACT LAW
- 4. NATIONAL CONTRACT LAWS IN A EUROPEAN CONTEXT
- 5. NOTIONS OF CONTRACT
- 6. CONTRACT AND ADJOINING AREAS
- 7. CATEGORISATION OF CONTRACTS ACCORDING TO PARTIES
- PART 2
- FORMATION
- 8. OFFER AND ACCEPTANCE
- 9. SUFFICIENCY OF AGREEMENT
- 10. INTENTION TO CREATE LEGAL RELATIONS
- 11. CAUSE AND CONSIDERATION
- 12. FORMAL REQUIREMENTS
- 13. PRECONTRACTUAL NEGOTIATIONS
- PART 3
- FRAUD, ABUSE, IMMORALITY
- 14. FRAUD, MISTAKE AND MISREPRESENTATION
- 15. THREATS
- 16. ABUSE OF CIRCUMSTANCES
- 17. IMMORAL AND ILLEGAL CONTRACTS
- PART 4
- CONTENT OF CONTRACTS
- 18. INTERPRETATION
- 19. THE OBLIGATIONS OF THE PARTIES: SALES AND SERVICES CONTRACTS
- 20. SUPPLEMENTATION AND IMPLICATION OF TERMS
- 21. UNFAIR CLAUSES
- PART 5
- REMEDIES FOR NON-PERFORMANCE
- 22. THE RANGE OF REMEDIES FOR BREACH OF CONTRACT
- 23. SPECIFIC PERFORMANCE
- 24. WITHHOLDING PERFORMANCE
- 25. TERMINATION
- 26. DAMAGES
- 27. REMEDIES FOR NON-CONFORMING GOODS AND SERVICES
- PART 6
- SUPERVENING EVENTS
- 28. IMPOSSIBILITY OF PERFORMANCE
- 29. HARDSHIP, IMPRÉVISION
- 30. CLAUSES DEALING WITH SUPERVENING EVENTS
- PART 7
- THIRD PARTY CONSEQUENCES
- 31. CONTRACTS FOR THE BENEFIT OF THIRD PARTIES
- 32. AGENCY
- 33. ASSIGNMENT
Hugh Beale is a Professor of Law at the University of Warwick, and Visiting Professor at the Universities of Amsterdam and Oxford. He is a former Law Commissioner for England and Wales.
Bénédicte Fauvarque-Cosson is Professor of Law at the Université Panthéon-Assas (Paris II).
Jacobien Rutgers is Reader in Law at the Free University of Amsterdam.
Denis Tallon is Professor Emeritus of the Université Panthéon-Assas (Paris II).
Stefan Vogenauer is the Professor of Comparative Law at the University of Oxford, Fellow of Brasenose College and Director of the Oxford Institute of European and Comparative Law.
The text should be admired for the boldness of its undertaking and its use of a wealth of international and comparative law materials...It is perfect for an upper level course in Comparative Contract Law or European Contract Law both in Europe and in other countries. The text is a marvellous resource or treatise for new academics and all levels of academics outside the EU. The book blends historical information as well as recognising current trends. Although the book is mostly filled with excerpts of the many sources, the authors provide sufficient commentary to help the reader place the materials in their legal contexts and to use the materials for illustrative purposes. The authors provide sufficient introductions and concluding remarks on the topics discussed, as well as copious notes. The text not only taps into primary sources but also mines the depths of legal scholarship. This text is a must read for anyone interested in the development of contract law in the Western legal tradition.
Larry A. Dimatteo
European Review of Private Law
Volume 5, 2011
...un outil incontournable pour mieux comprendre une matière à la fois très ancienne mais immanquablement évolutive.
Dionysios Kélésidis
Contrats Publics
July-August 2005
'The first edition of this text was already a great piece of work but this updated and expanded version is outstanding and a great resource for any university library. It is clearly set out with an impressive depth and level of detail. I would also give credit to the thorough tables of legislation, cases and index (something that is often poorly done in other academic texts, but is always worth taking the time to do well). European contract law has evolved considerably since the first edition and the authors have dealt with this very clearly.'
Dr. Rachael Lorna Johnstone, University of Akureyri, Iceland
As a research tool for anyone working in contract law, it is indispensible and should be held by every current or aspiring professor of contract law as well as every law library in Europe.
Rachael L. Johnstone
Nordicum-Mediterraneum (Icelandic E-Journal of Nordic and Mediterranean Studies)
2011
