Synopses & Reviews
Thirteen European jurisdictions solve problems in mistake, fraud or duties to inform in contract law.
Review
"...gives us both more true comparison and method than most other current projects. This may well be what the current debate needs most." -Ralf Michaels, Duke University School of Law
Synopsis
This book investigates how thirteen European legal systems solve twelve case studies about mistake, fraud or duties to inform in contract law. After considering the historical origins of these legal concepts, national reports explain each system's solution. Comparative observations synthesize and evaluate the national rules. The book shows that significant differences exist in how contract law works in European jurisdictions and that although the solutions proposed are often similar, divergent values underlie the legal rules.
About the Author
UMR de droit compare de Paris, Université Paris1.
Table of Contents
Preface; List of contributors; Table of legislation; List of abbreviations; 1. General introduction Ruth Sefton-Green; 2. Mistake, misrepresentation and precontractual duties to inform: the civil law tradition Martin Josef Schermaier; 3. The rise and fall of mistake in the English law of contract John Cartwright; 4. Case studies: Case 1: Anatole v. Bob; Case 2: Célimène v. Damien; Case 3: Emile v. Far Eastern Delights; Case 4: Mr and Mrs Timeless v. Mr and Mrs Careless; Case 5: Bruno v. The Local Garage; Case 6: Emmanuel v. The Computer Shop; Case 7: Cinderella; Case 8: Estella v. Uriah Heep; Case 9: Nell v. Scrooge Bank; Case 10: Zachary; Case 11: Monstrous Inventions Ltd v. Mary Shelley; Case 12: Lady Windermere v. Angel; 5. Comparative conclusions Ruth Sefton-Green; Index.