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Details
Reflecting the most recent changes in the law, the second edition of this popular textbook provides a fully updated, comparative introduction to the law of contract.
Accessible and clear, it is perfectly pitched for international students and courses with a global outlook. Jan Smits' unique approach treats contract law as a discipline that can be studied on the basis of common principles and methods without being tied to a particular jurisdiction or legal culture. He puts contract law in context by discussing empirical and economic insights.
Notable updates include consideration of the 2016 reform of the law of obligations in France and the 2015 UK Consumer Rights Act, as well as substantial new coverage of work on contracts and third parties.
Key features:-
- introduces key principles by comparing solutions from different jurisdictions, illustrating for students the international nature and substance of contract law
- draws from a wide variety of sources including German, English, French and Dutch law, European and international instruments, and examples from Central and Eastern Europe and Islamic contract law, making this an ideal textbook for students across Europe and beyond
- focuses on legal method as well as substantive law
- attractive and accessible design with text boxes, colour and graphics to help students navigate easily and identify key information
With its innovative approach and engaging design this textbook has proved an essential companion to introductory courses on contract law across a multitude of jurisdictions.
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Contents: 1. Introduction 2. Sources of Contract Law 3. Offer and Acceptance 4. The Intention to Create Legal Relations 5. Legal Capacity of the Parties 6. Formalities 7. The Party Agreement: Interpretation and Gap Filling 8. The Principle of Good Faith and Policing Unfair Contract Terms 9. Defects of consent and misrepresentation 10. Prohibited contracts 11. Performance 12. Damages for non-performance 13. Termination of the contract Index
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Jan M. Smits, Professor of European Private Law, Faculty of Law, Maastricht University, The Netherlands
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‘Contract law is more international in substance and character than most other legal subjects. Thus, in particular, modern contract law in Europe rests on the same historical and philosophical foundations, and the hypothetical will of reasonable parties to a contract has usually been the focal point in the evolution of its doctrines. Today, in the age of the European Union, the internal market is the most powerful motivation, and driving force, for legal harmonization. Contract law is thus predestined for the development of common reference texts, such as the Principles of European Contract Law, and common teaching materials, such as Jan Smits’ Contract Law. Jan Smits’ book provides a splendid introduction to the key questions, themes, and features of contract law. It is not aimed at one specific national audience but can, and should, be read by students across Europe.’
– Professor Reinhard Zimmermann, Max Planck Institute, Hamburg, Germany
‘With Contract Law: A Comparative Introduction, Jan Smits again demonstrates why he is one of the best and most creative scholars in the area of private law. Professor Smits is able to balance breadth and depth of coverage to produce a valuable introductory book, which helps fill a tremendous need and void in the literature. The book’s mission as a self-described academic textbook is served at the highest level of analysis and elucidation. Its use of a wide array of civil, common, and international sources makes it not only a great textbook, but a valuable piece of scholarship for novice and scholar alike.’
– Larry Di Matteo, University of Florida, US
‘Contract Law: A Comparative Introduction may be recommended to beginners and advanced readers – both will find it very interesting and useful. Although the author discusses all relevant issues, the book remains very user-friendly as it explains all ideas in a comprehensive yet concise manner. Moreover, it is written in a clear and easily understandable language that is essential particularly for non English native speakers. Finally, the book is a first class textbook for any comparative contract law courses.’
– Konrad Osajda, University of Warsaw, Studies & Analyses Office, Supreme Court of Poland
