Mistakes In Contract Law

Author by : Catharine MacMillan
Languange : en
Publisher by : Bloomsbury Publishing
Format Available : PDF, ePub, Mobi
Total Read : 30
Total Download : 807
File Size : 47,9 Mb
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Description : It is a matter of some difficulty for the English lawyer to predict the effect of a misapprehension upon the formation of a contract. The common law doctrine of mistake is a confused one, with contradictory theoretical underpinnings and seemingly irreconcilable cases. This book explains the common law doctrine through an examination of the historical development of the doctrine in English law. Beginning with an overview of contractual mistakes in Roman law, the book examines how theories of mistake were received at various points into English contract law from Roman and civil law sources. These transplants, made for pragmatic rather than principled reasons, combined in an uneasy manner with the pre-existing English contract law. The book also examines the substantive changes brought about in contractual mistake by the Judicature Act 1873 and the fusion of law and equity. Through its historical examination of mistake in contract law, the book provides not only insights into the nature of innovation and continuity within the common law but also the fate of legal transplants.


Misrepresentation Mistake And Non Disclosure

Author by : John Cartwright
Languange : en
Publisher by : Sweet & Maxwell
Format Available : PDF, ePub, Mobi
Total Read : 29
Total Download : 247
File Size : 47,6 Mb
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Description : Misrepresentation, Mistake and Non-Disclosure: Fully explains the role of misrepresentation in contract lawFurther expands on the role of mistake and non-disclosure in a contractual disputeProvides a clear explanation into the definitions and differences between misrepresentation, mistake and non-disclosureStructured around remedies available for misrepresentation, mistake and non-disclosure to give practical focus for practitionersFully updated in relation to both case law and statutory developments, including discussions of areas where points are still unclear or may be further reviewed by the courts or subject to statutory refor


Mistake In Contracting

Author by : Bruce MacDougall
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 79
Total Download : 388
File Size : 51,5 Mb
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Description :


The Contractual Mistakes Act 1977

Author by : Christian Koennecke
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 11
Total Download : 704
File Size : 48,7 Mb
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Codifying Contract Law

Author by : Mary Keyes
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 16
Total Download : 119
File Size : 55,6 Mb
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Description : Exploring the advantages and disadvantages of codifying contract law, this book considers the question from the perspectives of both civil and common law systems, referring in detail to issues of international and consumer law. With contributions from leading international scholars, the chapters present a range of opinions on the virtues of codification, encouraging further debate on this topic. The book commences with a discussion on the internationalization imperative for codification of contract law. It then turns to regional issues, exploring first codification attempts in the European Union and Japan, and then issues relevant to codification in the common law jurisdictions of Australia, New Zealand and the United States. The collection concludes with two chapters which consider the need to draw upon both private and comparative international law perspectives to inform any codification reforms. This book will be of interest to international and comparative contract law academics, as well as regulators and policy-makers.


Mistake Under The Common European Sales Law

Author by : Ariel Porat
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 64
Total Download : 484
File Size : 43,7 Mb
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Description : 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.


Inside Contract Law

Author by : Michael B. Kelly
Languange : en
Publisher by : Wolters Kluwer
Format Available : PDF, ePub, Mobi
Total Read : 25
Total Download : 980
File Size : 41,9 Mb
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Description : With dynamic learning features and visual aids, the Inside Series helps you make the most of your study time, throughout the semester and as you prepare for the final. Unlike heavily abridged treatises, the Inside Series is carefully written in a concise, straightforward style that clearly identifies the essential components of the law and how they fit together. You can quickly learn what is important and why. Overviews and Tables of Contents in each chapter act as a roadmap to guide you through topics, showing you how each relates to the larger legal framework. FAQs clarify points of law and help you avoid common mistakes and misconceptions. Sidebars give fascinating additional detail from legal history, policy, famous cases and more. The graphic design supports your visual learning, and features such as bolded key terms, summaries, and Connections help reinforce your understanding while giving you ample opportunity for self-review. Surprisingly concise, visually compelling, the Inside Series is extremely useful throughout the semester to help you identify the essential components of the law and how they fit together. Comprehensive coverage of the essential topics emphasizes what you need to know and why. Clear, straightforward, informal writing explains every topic for you without over-simplifying the concepts. Overviews and Tables of Contents in each chapter act as a roadmap to guide you through topics, showing you why each matters and how it fits into the larger framework of the law. FAQs clarify points of law and help you avoid common mistakes and misconceptions. Sidebars enrich the text with fascinating detail from legal history, policy, famous cases and more. Bolded key terms, Connections and summaries reinforce your understanding and give you ample opportunity for self-review. The overall graphical design of the series supports your visual learning.


Codifying Contract Law

Author by : Mary Keyes
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 13
Total Download : 265
File Size : 53,8 Mb
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Description : Exploring the advantages and disadvantages of codifying contract law, this book considers the question from the perspectives of both civil and common law systems, referring in detail to issues of international and consumer law. With contributions from leading international scholars, the chapters present a range of opinions on the virtues of codification, encouraging further debate on this topic. The book commences with a discussion on the internationalization imperative for codification of contract law. It then turns to regional issues, exploring first codification attempts in the European Union and Japan, and then issues relevant to codification in the common law jurisdictions of Australia, New Zealand and the United States. The collection concludes with two chapters which consider the need to draw upon both private and comparative international law perspectives to inform any codification reforms. This book will be of interest to international and comparative contract law academics, as well as regulators and policy-makers.


Construction Contract Law

Author by : John Adriaanse
Languange : en
Publisher by : Bloomsbury Publishing
Format Available : PDF, ePub, Mobi
Total Read : 25
Total Download : 985
File Size : 48,7 Mb
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Description : This comprehensive and popular textbook aims to bridge the gap between theoretical study and practical application. It covers the essentials of construction contracts, including how the law has developed, the reasoning behind key clauses and how contract law is applied in practice, and it helps to make the transition from student to practitioner manageable. This text is intended for all undergraduates studying a construction contract law or a contract administration module or unit. It is ideal for postgraduate degrees in quantity surveying and building surveying, construction project management, and construction management. Civil engineers and students of architecture and architectural technology will find it provides a comprehensive guide to the law in the construction context. It is also very comprehensive in scope and provides sufficient materials to bridge the gap between the student and professional texts. New to this Edition: - Discussion of the implementation of the Local Democracy, Economic Development and Construction Act 2009, amending the Housing Grants Construction and Regeneration Act 1996 - Updates to sections on the formation of contracts, mistakes in tenders, equitable remedies, agency and supervision, and the immunity of expert witnesses, reflecting the latest Supreme Court judgements - Clarification of the relationship between construing and implication of terms, and the law on construction operations - Expansion of the case law on professional liability, and on the Defective Premises Act as a statutory term - More real-world construction examples to illustrate concepts and theories


Principles Of European Contract Law

Author by : Commission on European Contract Law
Languange : en
Publisher by : Kluwer Law International B.V.
Format Available : PDF, ePub, Mobi
Total Read : 56
Total Download : 155
File Size : 51,8 Mb
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Description : This text provides a comprehensive guide to the principles of European contract law. They have been drawn up by an independent body of experts from each Member State of the EU, under a project supported by the European Commission and many other organizations. The principles are stated in the form of articles, with a detailed commentary explaining the purpose and operation of each article and its relation to the remainder. Each article also has extensive comparative notes surveying the national laws and other international provisions on the topic.


Contract Law Concentrate

Author by : JILL. DEVENNEY POOLE (JAMES. SHAW-MELLORS, ADAM.)
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 79
Total Download : 836
File Size : 51,7 Mb
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Description : Contract Law Concentrate is written and designed to help you succeed. Accurate and reliable, Concentrate guides help focus your revision and maximise your exam performance. Each guide includes revision tips, advice on how to achieve extra marks, and a thorough and focused breakdown of the key topics and cases.


Contract Law Minimalism

Author by : Jonathan Morgan
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 16
Total Download : 461
File Size : 53,7 Mb
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Description : Commercial contract law is in every sense optional given the choice between legal systems and law and arbitration. Its 'doctrines' are in fact virtually all default rules. Contract Law Minimalism advances the thesis that commercial parties prefer a minimalist law that sets out to enforce what they have decided - but does nothing else. The limited capacity of the legal process is the key to this 'minimalist' stance. This book considers evidence that such minimalism is indeed what commercial parties choose to govern their transactions. It critically engages with alternative schools of thought, that call for active regulation of contracts to promote either economic efficiency or the trust and co-operation necessary for 'relational contracting'. The book also necessarily argues against the view that private law should be understood non-instrumentally (whether through promissory morality, corrective justice, taxonomic rationality, or otherwise). It sketches a restatement of English contract law in line with the thesis.


English Contract Law

Author by : Source Wikipedia
Languange : en
Publisher by : University-Press.org
Format Available : PDF, ePub, Mobi
Total Read : 52
Total Download : 650
File Size : 49,8 Mb
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Description : Please note that the content of this book primarily consists of articles available from Wikipedia or other free sources online. Pages: 76. Chapters: Misrepresentation in English law, Interpreting contracts in English law, Contracts Act 1999, Privity in English law, Consideration in English law, Estoppel in English law, Loss of chance in English law, Frustration in English law, Capacity in English law, Remoteness in English law, Law Reform Act 1943, Unconscionability in English law, Illegality in English law, Formalities in English law, Creation of legal relations in English law, Agreement in English law, Implied terms in English law, Unfair Contract Terms Act 1977, Mistakes in English law, Incorporation of terms in English law, Consumer Protection Regulations 2000, Consumer protection in the United Kingdom, Officious bystander, Unfair Terms in Consumer Contracts Regulations 1999, Misrepresentation Act 1967, Electronic Commerce Regulations 2002, Intention to be legally bound, History of English contract law, Certainty in English contract law, Measure of damages under English law, Landmark Cases in the Law of Contract, Starr, Unfair Terms in Consumer Contracts Directive, Unfair Contract Terms Bill, Administrator, Innominate term.


Sourcebook On Contract Law

Author by : Oughton
Languange : en
Publisher by : Cavendish Publishing
Format Available : PDF, ePub, Mobi
Total Read : 51
Total Download : 420
File Size : 47,5 Mb
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Description : This book examines the role and function of the law of contract, comparing it with other aspects of the law of obligations. It also covers the issues of contract formation such as the enforcement of promises, agreement and good faith; the construction and context of contracts; adjustments in long term relationships; the control of contract power and remedies for breach of contract


Q A Contract Law 2011 2012

Author by : Richard Stone
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 10
Total Download : 634
File Size : 50,9 Mb
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Description : Routledge Q&As give you the ideal opportunity to practice and refine your exam technique, helping you to apply your knowledge most effectively in an exam situation. Each book contains approximately fifty essay and problem-based questions on topics commonly found on exam papers, complete with answer plans and fully worked model answers. Our authors have also highlighted common mistakes as well as offering you tips to achieve the very best marks. What’s more, Routledge Q&As are written by lecturers who are also examiners, giving you an exclusive insight into exactly what examiners are looking for in an answer.


Comparative Contract Law

Author by : Ermanno Calzolaio
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 77
Total Download : 291
File Size : 50,6 Mb
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Description : National legal systems have their own principles and rules on contract law. The trans-nationalization of trade and legal practice involves acting in the context of legal diversity. This book provides an introductory overview of the main issues of contract law from a comparative perspective, focusing on the legal traditions of civil law and common law. Featuring short theoretical overviews, followed by cases selected from various jurisdictions, the book shows the concrete application of the principles and rules involved. Civil law and common law represent two different models of dealing with contract law issues. The book focuses on the French, German, and Italian experiences and on the English legal system, the latter being the main source of inspiration for other common law countries, with some significant exceptions. Topics covered include the structure of contract law and the rules about its formation and interpretation, the role of pre-contractual negotiations, the consequences of mistakes, and breach and supervening events (including the impact of the Covid-19 pandemic). Readers will learn about common problems that are faced when contracting with parties coming from different jurisdictions, whilst also acquiring a deeper understanding of the approach of their own legal system. This book will be key reading for undergraduate and postgraduate students of comparative contract law, and contract law more generally.


The Future Of Contract Law In Latin America

Author by : Rodrigo Momberg
Languange : en
Publisher by : Bloomsbury Publishing
Format Available : PDF, ePub, Mobi
Total Read : 70
Total Download : 211
File Size : 51,7 Mb
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Description : 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.


The Modern Law Of Contract

Author by : Richard Stone
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 57
Total Download : 128
File Size : 51,7 Mb
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Description : 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 recent developments 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 companion 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.


Contract Law

Author by : Mindy Chen-Wishart
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 56
Total Download : 936
File Size : 45,7 Mb
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Description : This textbook provides an accessible account of the intricacies of contract law and the problems that can arise during the life of a contract. These problems, along with their solutions, are discussed in detail using everyday language that stimulates thought and reflection.


Textbook On Contract Law

Author by : Jill Poole
Languange : en
Publisher by : Oxford University Press, USA
Format Available : PDF, ePub, Mobi
Total Read : 92
Total Download : 610
File Size : 49,6 Mb
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Description : Now in its 12th edition, Jill Poole's immensely popular Textbook on Contract Law has been guiding students through contract law for many years. The accessible writing style and focus on key principles and developments in contract law make this text a favourite with students and lecturers alike. The author places the law of contract clearly within its wider context before proceeding to provide a detailed yet accessible treatment of all the key areas encountered when studying contract law.Key features: * Each chapter begins with a summary of key issues, providing an overview of key themes and points of law, and concludes with suggestions for further reading, guiding you 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 Resource Centre Fully supported byan Online Resource Centre which provides: Student Resources * Regular updates on new legislation, cases, and other important developments * Guidance on answering questions in contract law * Self-test questions and answers linked with Casebook on Contract Law Lecturer Resources * A test bank of 300 multiple choice questions with answers and feedback


Anson S Law Of Contract

Author by : Sir William Reynell Anson
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 74
Total Download : 460
File Size : 49,6 Mb
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Description : This edition provides an authoritative and detailed account of contract law. It is essential reading for any student of contract law, and a valuable source of reference for practitioners and academics.


Uniform Rules For European Contract Law

Author by : Francisco de Elizalde
Languange : en
Publisher by : Bloomsbury Publishing
Format Available : PDF, ePub, Mobi
Total Read : 53
Total Download : 215
File Size : 45,5 Mb
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Description : Over the last 30 years, the evolution of acquis communautaire in consumer law and harmonising soft law proposals have utterly transformed the landscape of European contract law. The initial enthusiasm and approval for the EU programme has waned and, post Brexit, it currently faces increasing criticism over its effectiveness. In this collection, leading academics assess the project and ask if such judgements are fair, and suggest how harmonisation in the field might be better achieved. This book looks at the uniform rules in the context of: the internal market; national legislators and courts; bridging the gap between common and civil law; and finally their influence on non-member states. Critical and rigorous, it provides a timely and unflinching critique of one of the most important fields of harmonisation in the European Union.


Contract Law And Economics

Author by : Gerrit de Geest
Languange : en
Publisher by : Edward Elgar Publishing
Format Available : PDF, ePub, Mobi
Total Read : 28
Total Download : 648
File Size : 44,8 Mb
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Description : This unique and timely book offers an up-to-date, clear and comprehensive review of the economic literature on contract law. The topical chapters written by leading international scholars include: precontractual liability, misrepresentation, duress, gratuitous promises, gifts, standard form contracts, interpretation, contract remedies, penalty clauses, impracticability and foreseeability. Option contracts, warranties, long-term contracts, marriage contracts, franchise contracts, quasi-contracts, behavioral approaches, and civil contract law are also discussed. This excellent resource on contract law and economics will be particularly suited to contract law scholars, law teachers, policy makers, and judges. For experts in and practitioners of contract law this will be a key book to buy.


Q A Contract Law 2013 2014

Author by : Richard Stone
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 16
Total Download : 747
File Size : 47,8 Mb
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Description : "Routledge Q & As give you the tools to practice and refine your exam technique, helping you to apply your knowledge to maximum effect in an exam situation. Each book contains up to fifty essay and problem-based questions on commonly examined topics, complete with answer plans and fully worked model answers. Our authors have also highlighted common mistakes as well as offering you tips on how to achieve the very best marks. Routledge Q & As are written by lecturers who are also examiners, and the books provide 'notes from the examiner' for each question to give you an exclusive insight into exactly what your marker will be looking for in an answer"--


European Contract Law

Author by : Hein Kötz
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 31
Total Download : 787
File Size : 54,5 Mb
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Description : This new edition of European Contract Law examines the contract rules of several different European jurisdictions, including the most important civilian systems and English common law, while attempting to articulate general principles which are common in all of them. While the first edition was limited to a comparative analysis of the rules on formation and validity of contracts, agency, third party beneficiaries, and assignment, the second edition now also includes contractual remedies and various updates and revisions of the first edition, especially in the light of the recent changes to the French Code civil. Furthermore, the book comprises a wealth of translated extracts of legislation, cases, and academic literature, comprehensively covering all aspects of contract law. The book was originally published in German to considerable acclaim. This English edition has been translated by Gill Mertens, building on the work done by the translator of the first edition, Tony Weir. This edition will be invaluable to scholars and practitioners in Europe and beyond.


Exploring Contract Law

Author by : Jason W. Neyers
Languange : en
Publisher by : Bloomsbury Publishing
Format Available : PDF, ePub, Mobi
Total Read : 89
Total Download : 261
File Size : 41,7 Mb
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Description : In this book, leading scholars from Australia, Canada, Hong Kong, New Zealand, Singapore, the United Kingdom and the United States deal with important theoretical and practical issues in the law of contract and closely-related areas of private law. The articles analyse developments in the law of estoppel, mistake, undue influence, the interpretation of contracts, assignment, exclusion clauses and damages. The articles also address more theoretical issues such as discerning the limits of contract law, the role of principle in the development of contract doctrine and the morality of promising. With its rich scope of contributors and topics, Exploring Contract Law will be highly useful to lawyers, judges and academics across the common law world. Contributors: Rick Bigwood, Richard Bronaugh, Mindy Chen-Wishart, Helge Dedek, Gerald H L Fridman, Mark P Gergen, Andrew S Gold, Kelvin F K Low, Jason W Neyers, Stephen G A Pitel, Andrew Roberston, Stephen A Smith, Robert Stevens, Andrew Tettenborn, Chee Ho Tham, Catherine Valcke, Stephen Waddams, Charlie Webb. Foreword by Justice Ian Binnie of the Supreme Court of Canada