Mistake Under the Common European Sales Law

Mistake Under the Common European Sales Law
Author: Ariel Porat
Publsiher: Unknown
Total Pages: 24
Release: 2012
ISBN: 1928374650XXX
Category: Contracts
Language: EN, FR, DE, ES & NL

Mistake Under the Common European Sales Law Book Excerpt:

The Common European Sales Law (CESL) sets the conditions in which the mistaken party is entitled to rescission and compensation from the other party. Some of the CESL's provisions, however, are inconsistent with efficiency. First, under the CESL, as long as the mistake is essential, for the mistaken party to be allowed to rescind the contract, it is sufficient that the other party caused the mistake. From an efficiency perspective, however, causation is not enough to allow rescission for mistake. Second, the CESL permits rescission when one party failed to disclose information to the other party that would have revealed to the latter his essential mistake and the former party knew or could be expected to have known the mistake. In contrast, under efficiency, not all essential mistakes made by the one party that the other party knew or could have known about constitute grounds for rescission. Third, the CESL allows rescission for fraud, which includes non-disclosure of information. The CESL provides a list of considerations that should be taken into account in deciding whether a duty of disclosure arises. In contrast, under efficiency, there are far more concrete guidelines for determining whether a duty of disclosure arises, and in fact, under certain conditions, intentional ('fraudulent') misrepresentations are even permitted. Fourth, the CESL allows a contract to be rescinded when both parties made the same essential mistake. Yet efficiency considerations entail that this should not always be the case and that some mutual mistakes should not be grounds for rescission.

The Common European Sales Law in Context

The Common European Sales Law in Context
Author: Gerhard Dannemann,Stefan Vogenauer
Publsiher: Oxford University Press
Total Pages: 789
Release: 2013-03-21
ISBN: 0199678901
Category: Law
Language: EN, FR, DE, ES & NL

The Common European Sales Law in Context Book Excerpt:

The recently proposed Common European Sales Law is intended to overcome differences between national contract laws. 19 chapters, co-authored by British and German scholars, investigate for the first time how the projected CESL would interact with various aspects of English and German law.

Mistake and Non Disclosure of Fact

Mistake and Non Disclosure of Fact
Author: H. G. Beale,Hugh Beale QC FBA
Publsiher: Oxford University Press
Total Pages: 145
Release: 2012-08-23
ISBN: 0199593884
Category: Law
Language: EN, FR, DE, ES & NL

Mistake and Non Disclosure of Fact Book Excerpt:

English law, unlike in Europe and in the US, seldom gives relief when a party to a contract finds that she has entered the contract under a serious mistake about the subject matter or the facts. This book argues that small businesses suffer as a result, and proposes possible solutions, including adopting the proposed Common European Sales Law.

The Common European Sales Law in Context

The Common European Sales Law in Context
Author: Gerhard Dannemann,Stefan Vogenauer
Publsiher: OUP Oxford
Total Pages: 856
Release: 2013-03-21
ISBN: 0191668176
Category: Law
Language: EN, FR, DE, ES & NL

The Common European Sales Law in Context Book Excerpt:

European Contract Law unification projects have recently advanced from the Draft Common Frame of Reference (2009) to a European Commission proposal for an optional Common European Sales Law (2011) which is to facilitate cross-border marketing. This book investigates for the first time how CESL and DCFR rules would interact with various aspects of domestic law, represented by English and German law. Nineteen chapters, co-authored by British and German scholars, examine such interface issues for eg pre-contractual relationships, notions of contract, formation, interpretation, and remedies, extending to non-discrimination, third parties, transfers or rights, aspects of property law, and collective proceedings. They go beyond a critical analysis of CESL and DCFR rules by demonstrating where and how CESL rules would interact with neighbouring areas of English and German law before English and German courts, how domestic traditions might influence the application, which aspects might motivate sellers and buyers to choose or reject CESL, and which might serve as model for national legislators. The findings are summarized in the final two chapters.

Mistake and Non Disclosure of Fact

Mistake and Non Disclosure of Fact
Author: Hugh Beale QC FBA
Publsiher: OUP Oxford
Total Pages: 176
Release: 2012-08-23
ISBN: 019164191X
Category: Law
Language: EN, FR, DE, ES & NL

Mistake and Non Disclosure of Fact Book Excerpt:

In this book Hugh Beale examines the case for reforming the law on mistake and non-disclosure of fact to bring English law closer to the law in much of continental Europe. There, and in common law countries like the US, a party may avoid a contract for mistake of fact on a more liberal basis, and a party who deliberately keeps silent knowing that the other party is making a mistake may be guilty of fraud. This is not necessarily the case in England and Wales. Developing a proposal for law reform, the author concedes that the English courts require a law that puts great emphasis on certainty and expects parties to look out for their own interests; but posits that this individualistic approach is not suitable for smaller businesses which are less sophisticated and which are likely to be making low value contracts, so that relative cost of taking advice will be high. He argues that the solution may not be to reform English contract law generally, but to support the development of an optional instrument on contract law, along the lines of the Common European Sales Law recently proposed by the European Commission. This measure is aimed specifically at the needs of small and medium enterprises, and contains the protective rules found in the other jurisdictions. It is aimed primarily at cross-border sales, but Member States would be given the option of adopting it for domestic transactions too. This would give small businesses the choice of using the current "hard-nosed" law or adopting the more protective optional instrument, recognizing that different parties require different things from the law governing their contract.

Mistake and Non Disclosure of Fact

Mistake and Non Disclosure of Fact
Author: Anonim
Publsiher: Unknown
Total Pages: 172
Release: 2012
ISBN: 9786613970633
Category: Electronic Book
Language: EN, FR, DE, ES & NL

Mistake and Non Disclosure of Fact Book Excerpt:

In this book Hugh Beale examines the case for reforming the law on mistake and non-disclosure of fact to bring English law closer to the law in much of continental Europe. There, and in common law countries like the US, a party may avoid a contract for mistake of fact on a more liberal basis, and a party who deliberately keeps silent knowing that the other party is making a mistake may be guilty of fraud. This is not necessarily the case in England and Wales. Developing a proposal for law reform, the author concedes that the English courts require a law that puts great emphasis on certainty and expects parties to look out for their own interests; but posits that this individualistic approach is not suitable for smaller businesses which are less sophisticated and which are likely to be making low value contracts, so that relative cost of taking advice will be high. He argues that the solution may not be to reform English contract law generally, but to support the development of an optional instrument on contract law, along the lines of the Common European Sales Law recently proposed by the European Commission. This measure is aimed specifically at the needs of small and medium enterprises, and contains the protective rules found in the other jurisdictions. It is aimed primarily at cross-border sales, but Member States would be given the option of adopting it for domestic transactions too. This would give small businesses the choice of using the current "hard-nosed" law or adopting the more protective optional instrument, recognizing that different parties require different things from the law governing their contract.

Commentaries on European Contract Laws

Commentaries on European Contract Laws
Author: Nils Jansen,Reinhard Zimmermann
Publsiher: Oxford University Press
Total Pages: 2250
Release: 2018-07-12
ISBN: 0192508008
Category: Law
Language: EN, FR, DE, ES & NL

Commentaries on European Contract Laws Book Excerpt:

The book provides rule-by-rule commentaries on European contract law (general contract law, consumer contract law, the law of sale and related services), dealing with its modern manifestations as well as its historical and comparative foundations. After the collapse of the European Commission's plans to codify European contract law it is timely to reflect on what has been achieved over the past three to four decades, and for an assessment of the current situation. In particular, the production of a bewildering number of reference texts has contributed to a complex picture of European contract laws rather than a European contract law. The present book adopts a broad perspective and an integrative approach. All relevant reference texts (from the CISG to the Draft Common European Sales Law) are critically examined and compared with each other. As far as the acquis commun (ie the traditional private law as laid down in the national codifications) is concerned, the Principles of European Contract Law have been chosen as a point of departure. The rules contained in that document have, however, been complemented with some chapters, sections, and individual provisions drawn from other sources, primarily in order to account for the quickly growing acquis communautaire in the field of consumer contract law. In addition, the book ties the discussion concerning the reference texts back to the pertinent historical and comparative background; and it thus investigates whether, and to what extent, these texts can be taken to be genuinely European in nature, ie to constitute a manifestation of a common core of European contract law. Where this is not the case, the question is asked whether, and for what reasons, they should be seen as points of departure for the further development of European contract law.

The Formation of Contract

The Formation of Contract
Author: Reiner Schulze,Pilar Perales Viscasillas
Publsiher: Nomos Verlag
Total Pages: 213
Release: 2016-04-21
ISBN: 3845272031
Category: Law
Language: EN, FR, DE, ES & NL

The Formation of Contract Book Excerpt:

Der Band dokumentiert eine deutsch-spanische Fachtagung über moderne Entwicklungen im Recht des Vertragsschlusses. Das Werk ist Teil der Reihe Europäisches Privatrecht, Band 46.

European Perspectives on the Common European Sales Law

European Perspectives on the Common European Sales Law
Author: Javier Plaza Penadés,Luz M. Martínez Velencoso
Publsiher: Springer
Total Pages: 311
Release: 2014-11-04
ISBN: 3319104977
Category: Law
Language: EN, FR, DE, ES & NL

European Perspectives on the Common European Sales Law Book Excerpt:

This book presents a complete and coherent view of the subject of Common European Sales Law from a range of European perspectives. The book offers a comparison of the CESL with the CISG, as well as pre-existing instruments, including the Draft Common Frame of Reference (DCFR) and the Principles of European Contract Law (PECL). It analyses the process of enactment of CESL and its scope of application, covering areas such as the sale of goods, the supplying (licensing) of digital content, the supply of trade-related services, and consumer protection. It examines the design of the CESL bifurcating businesses into large and small-to-medium sized enterprises, and the providing of rules covering digital content and the supply of trade-related services. Lastly, it studies the field of application of the CESL combined with the already existing EU consumer protection laws, as well as nation-specific laws.​

Textbook on Contract Law

Textbook on Contract Law
Author: Jill Poole
Publsiher: Oxford University Press
Total Pages: 656
Release: 2016-05-05
ISBN: 0198732805
Category: Contracts
Language: EN, FR, DE, ES & NL

Textbook on Contract Law Book Excerpt:

Now in its 13th edition, Jill Poole's immensely popular Textbook on Contract Law has been guiding students through contract law for over 20 years. Poole's case focus and clear writing style make this text a favourite with students and lecturers alike. The law of contract is placed within itscommercial context, and students are provided with a detailed yet accessible treatment of all the key areas of contract law.Key features:* Each chapter begins with a summary of key issues, providing an overview of central themes and points of law, and concludes with suggestions for further reading, guiding students towards the most relevant texts and articles* Key points, illustrative examples and questions encourage a deeper understanding of the central facts and issues* Headings, case summaries and case extract boxes allow for easy navigation through the textOnline Resource Centre:This text is fully supported by an Online Resource Centre which provides:* 300 multiple choice questions with answers and feedback* Self-test questions and answers linked with Casebook on Contract Law* Guidance on answering problem questions in contract law* An opportunity for students to ask the author any questions

The Future of Contract Law in Latin America

The Future of Contract Law in Latin America
Author: Rodrigo Momberg,Stefan Vogenauer
Publsiher: Bloomsbury Publishing
Total Pages: 352
Release: 2017-09-21
ISBN: 1509914293
Category: Law
Language: EN, FR, DE, ES & NL

The Future of Contract Law in Latin America Book Excerpt:

This book presents, analyses and evaluates the Principles of Latin American Contract Law (PLACL), a recent set of provisions aiming at the harmonisation of contract law at a regional level. As such, the PLACL are the most recent exponent of the many proposals for transnational sets of 'principles of contract law' that were drafted or published over the past 20 years, either at the global or the regional level. These include the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law, the (European) Draft Common Frame of Reference and the Principles of Asian Contract Law. The PLACL are the product of a working group comprising legal academics from Argentina, Brazil, Colombia, Chile, Paraguay, Uruguay and Venezuela. The 111 articles of the instrument deal with problems of general contract law, such as formation, interpretation and performance of contracts, as well as remedies for breach. The book aims to introduce the PLACL to an international audience by putting them in their historical and comparative context, including other transnational harmonisation measures and initiatives. The contributions are authored by drafters of the PLACL and contract law experts from Europe and Latin America.

CISG vs Regional Sales Law Unification

CISG vs  Regional Sales Law Unification
Author: Ulrich Magnus
Publsiher: Walter de Gruyter
Total Pages: 247
Release: 2007-01-01
ISBN: 3866539665
Category: Law
Language: EN, FR, DE, ES & NL

CISG vs Regional Sales Law Unification Book Excerpt:

In October 2011, the European Commission introduced its Proposal for a Regulation on a Common European Sales Law (CESL) which covers inter alia international business sales – a subject already regulated by the Convention of International Sale of Goods (CISG) which was ratified by 78 member states. How does this new Proposal fit the existing uniform sales law? How have other regions of the world managed the coexistence of global and regional sales law unification? What can Europe learn from the U.S. experience concerning the CISG and the Uniform Commercial Code? What can we learn from the African OHADA which made CISG more or less the internal law of 17 African states, what from Australia where CISG and common law exist alongside? All these questions are intensely discussed in this highly recommendable book written by renowned authors like Larry DiMatteo, Harry Flechtner, Franco Ferrari, Robert Koch, Ulrich Magnus and Bruno Zeller.

The Code Napol on Rewritten

The Code Napol  on Rewritten
Author: John Cartwright,Simon Whittaker
Publsiher: Bloomsbury Publishing
Total Pages: 536
Release: 2017-10-05
ISBN: 1509911618
Category: Law
Language: EN, FR, DE, ES & NL

The Code Napol on Rewritten Book Excerpt:

The provisions of the French Civil Code governing the law of obligations have remained largely unchanged since 1804 and have served as the model for civil codes across the world. In 2016, the French Government effected major reforms of the provisions on the law of contract, the general regime of obligations and proof of obligations. This work explores in detail the most interesting new provisions on French contract law in a series of essays by French lawyers and comparative lawyers working on French law and other civil law systems. It will make these fundamental reforms accessible to an English-speaking audience.

European Consumer Access to Justice Revisited

European Consumer Access to Justice Revisited
Author: Stefan Wrbka
Publsiher: Cambridge University Press
Total Pages: 416
Release: 2014-11-20
ISBN: 1107072379
Category: Law
Language: EN, FR, DE, ES & NL

European Consumer Access to Justice Revisited Book Excerpt:

What is European consumer access to justice, and how can we improve it by means of procedural and substantive laws?

Poole s Textbook on Contract Law

Poole s Textbook on Contract Law
Author: Robert Merkin,Séverine Saintier
Publsiher: Oxford University Press, USA
Total Pages: 712
Release: 2019-05-23
ISBN: 0198816987
Category: Law
Language: EN, FR, DE, ES & NL

Poole s Textbook on Contract Law Book Excerpt:

A student classic: clear, comprehensive, contextual. Jill Poole's immensely popular Textbook on Contract Law has been guiding students through contract law for over 20 years. This new edition has been updated with the latest key legal developments by Professor Robert Merkin and Dr Severine Saintier. The law of contract is placed within its commercial context, and students are provided with a detailed yet accessible treatment of all the key areas of contract law. Key features: - Each chapter begins with a summary of key issues, providing an overview of central themes and points of law, and concludes with suggestions for further reading, guiding students towards the most relevant texts and articles - Key points, illustrative examples and questions encourage a deeper understanding of the central facts and issues - Headings, case summaries and case extract boxes allow for easy navigation through the text Online resources: The study of contract law continues via the online resources, keeping you up to date and helping to consolidate your learning. - 300 multiple choice questions with answers and feedback - Self-test questions and answers - Guidance on answering problem questions in contract law - Updates on new legislation, cases, and other legal developments

Fundamental Texts on European Private Law

Fundamental Texts on European Private Law
Author: Oliver Radley-Gardner,Hugh Beale,Reinhard Zimmermann,Reiner Schulze
Publsiher: Bloomsbury Publishing
Total Pages: 1652
Release: 2016-11-03
ISBN: 1782258663
Category: Law
Language: EN, FR, DE, ES & NL

Fundamental Texts on European Private Law Book Excerpt:

Among the most significant legal developments of our time is the emergence of a European private law. The European Union has enacted regulations and directives which profoundly affect the practice, teaching and study of core areas of 'classical' private law. Within Europe, commissions have formulated principles of European contract, tort, family and insolvency law as well as aspects of commercial law. Furthermore, uniform private law can be found in a number of international conventions and sets of principles. This second edition gathers together fundamental texts from these three sources into one convenient volume. Its emphasis is on general civil and commercial law, particularly on the obligations and property aspects of these. This second edition is a sister volume to the original German edition, now in its 5th edition.

Cases Materials and Text on Contract Law

Cases  Materials and Text on Contract Law
Author: Hugh Beale,Bénédicte Fauvarque-Cosson,Jacobien Rutgers,Stefan Vogenauer
Publsiher: Bloomsbury Publishing
Total Pages: 1520
Release: 2019-02-28
ISBN: 1509912584
Category: Law
Language: EN, FR, DE, ES & NL

Cases Materials and Text on Contract Law Book Excerpt:

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. The book contains leading cases, legislation and other materials from English, French and German law as the main representatives of the legal traditions within Europe, as well as EU legislation and case law and extracts from the Principles of European Contract Law. Comparisons are also made to other international restatements such as the Vienna Sales Convention, the UNIDROIT Principles of International Commercial Contracts, the Draft Common Frame of Reference and so on. Materials are chosen and ordered so as to foster comparative study, complemented with annotations and comparative overviews prepared by a multinational team. 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 national laws, in particular the major reform of the French Code civil in 2016 and 2018, 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 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 Third parties.

Cases Materials and Text on Contract Law

Cases  Materials and Text on Contract Law
Author: Hugh Beale,Bénédicte Fauvarque-Cosson,Jacobien Rutgers,Stefan Vogenauer
Publsiher: Bloomsbury Publishing
Total Pages: 1520
Release: 2019-02-28
ISBN: 1509912592
Category: Law
Language: EN, FR, DE, ES & NL

Cases Materials and Text on Contract Law Book Excerpt:

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. The book contains leading cases, legislation and other materials from English, French and German law as the main representatives of the legal traditions within Europe, as well as EU legislation and case law and extracts from the Principles of European Contract Law. Comparisons are also made to other international restatements such as the Vienna Sales Convention, the UNIDROIT Principles of International Commercial Contracts, the Draft Common Frame of Reference and so on. Materials are chosen and ordered so as to foster comparative study, complemented with annotations and comparative overviews prepared by a multinational team. 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 national laws, in particular the major reform of the French Code civil in 2016 and 2018, 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 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 Third parties.

The Modern Law of Contract

The Modern Law of Contract
Author: Richard Stone,James Devenney
Publsiher: Taylor & Francis
Total Pages: 538
Release: 2017-07-14
ISBN: 1315386852
Category: Law
Language: EN, FR, DE, ES & NL

The Modern Law of Contract Book Excerpt:

The Modern Law of Contract is a clear and logical textbook, written by an experienced author team with well over 50 years’ teaching and examining experience. Fully updated to address the Consumer Rights Act 2015 and recent key cases in Contract Law, it offers a carefully tailored overview of all key topics for LLB and GDL courses. The book also includes a number of learning features designed to enhance comprehension and aid exam preparation, allowing the reader to: ■ understand and remember core topics: boxed chapter summaries offer a useful checklist for students, while illustrative diagrams help to clarify difficult concepts; ■ identify important cases and assess their relevance: ‘Key case’ features highlight and contextualise the most significant cases; ■ reflect on how contract law operates in context: highlighted ‘For thought’ features ask students to consider ‘what if’ scenarios, while ‘in focus’ features offer critical commentary on the law; ■ consolidate learning and prepare for assessment: further reading lists and comparison website directions at the end of each chapter direct you to additional interactive resources to test and reinforce your knowledge. Clearly written and easy to use, The Modern Law of Contract enables undergraduate students of contract law to fully engage with the topic and gain a profound understanding of this fundamental area.

International Contracting Law and Practice

International Contracting  Law and Practice
Author: Larry A. DiMatteo
Publsiher: Kluwer Law International B.V.
Total Pages: 842
Release: 2016-10-25
ISBN: 9041159703
Category: Law
Language: EN, FR, DE, ES & NL

International Contracting Law and Practice Book Excerpt:

For well over a decade this prized guide has served practitioners handling the legal ramifications of international contracting projects. The fourth revised and expanded edition thoroughly describes the new and ever-changing concepts and procedures that continue to redefine the researching, drafting, and execution of international contracts. More profoundly, it takes fully into account the hugely increasing volume of international trade and its ongoing expansion into more and more countries worldwide, and the concomitant need for businesspersons and transactional lawyers to be aware of the numerous recent international conventions and supranational responses to facilitate trade. All the invaluable features of earlier editions are of course still here, including analysis of key contract issues unique to various types of contracting, common contract clauses (such as choice of law and dispute resolution clauses), contract checklists, insights gleaned from actual cases and arbitral proceedings, and clear explanation of the principles of good contract drafting. The major relevant international conventions, model laws, pertinent national laws, legal guides, and other documents and instruments are all covered, with primary texts provided in appendices. Among the numerous issues and topics that arise are the following: • incorporation of standard terms; • difficulties of multiple language contracts; • lex mercatoria; • liability based upon preliminary agreements; • issues of termination; • regulation of Internet sales; • role of model or uniform laws; • sale of services; • national law restrictions on the cross-border sale of services; • intellectual property transfer and licensing agreements; • franchising and joint ventures; • electronic contracting; and • confidentiality, nondisclosure agreements, and covenants not to compete. More than merely an accessible reference that can be used as a framework tool in the negotiating and drafting of international contracts, this volume offers expert insights regarding the reasonableness of many contract clauses and the likelihood of their enforcement in a foreign jurisdiction. Because knowledge of the nuances of international transactional law cannot be overstated, this book is not only valuable but necessary. An adroit combination of contract theory and contract practice, the book continues to provide guidance to the law practitioner and student alike.