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Cases, Materials and Text on Contract Law, 3rd Edition

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Cases, Materials and Text on Contract Law, 3rd Edition

Name: Cases, Materials and Text on Contract Law, 3rd Edition
Brand: Hart Publishing
SKU: 9781509912575
Price: 970.84 HKD
Availability: InStock
Author: Hugh Beale; Jacobien Rutgers; Dennis Tallon; Stefan Vogenauer
ISBN: 9781509912575

Edited by Hugh Beale · Jacobien Rutgers · Dennis Tallon · Stefan Vogenauer

Hart Publishing February 2019

Specifications

ISBN-13: 9781509912575
Publisher: Hart Publishing
Publication: February 2019
Format: Paperback , 1442 pages
Jurisdiction: U.K. ? Countri(es) for reference only

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

About the Author

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.

Reviews

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