(Ebook) Cases Materials and Text on Contract Law 1st Edition by Hugh Beale, Benedicte Fauvarque Cosson, Jacobien Rutgers, Stefan Vogenauer ISBN 1509912576 9781509912575

(Ebook) Cases Materials and Text on Contract Law 1st Edition by Hugh Beale, Benedicte Fauvarque Cosson, Jacobien Rutgers, Stefan Vogenauer ISBN 1509912576 9781509912575

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ISBN 10: 1509912576 
ISBN 13: 9781509912575
Author: Hugh Beale, Benedicte Fauvarque Cosson, Jacobien Rutgers, Stefan Vogenauer

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.

(Ebook) Cases Materials and Text on Contract Law 1st Table of contents:

PART 1: INTRODUCTION
1. GENERAL TRENDS IN MODERN CONTRACT LAW
1.1 NATIONAL CONTRACT LAWS WITHIN THE EUROPEAN UNION
1.2 CONTRACT LAW IN A DIGITAL ENVIRONMENT
1.3 CONTRACT LAW IN AN INTERNATIONAL ENVIRONMENT
2. EUROPEAN UNION LAW ON CONTRACTS
2.1 EUROPEAN CONTRACT LAW
2.2 EU PRIMARY LAW AND ISSUES OF CONTRACT LAW
2.3 PRIVATE INTERNATIONAL LAW ISSUES
3. PRINCIPLES, SOFT LAW AND LEGISLATIVE PROPOSALS IN EUROPEAN CONTRACT LAW
3.1 INTRODUCTION
3.2 THE INITIATIVES OF THE EUROPEAN UNION CONCERNING EUROPEAN CONTRACT LAW
4. NATIONAL CONTRACT LAWS IN A EUROPEAN CONTEXT
4.1 THE CIVIL AND COMMON LAW TRADITIONS
4.2 THE PLACE AND SOURCES OF NATIONAL CONTRACT LAWS
4.3 CONCLUSION
5. NOTIONS OF CONTRACT
5.1 DEFINITIONS OF CONTRACT
5.2 BASIC ELEMENTS
5.3 SYNALLAGMATIC AND UNILATERAL CONTRACTS
5.4 CONCLUSION
6. CONTRACT AND ADJOINING AREAS
6.1 CONTRACT AND PROPERTY
6.2 CONTRACT AND TORT (OR DELICT)
6.3 CONTRACT AND RESTITUTION (QUASI-CONTRACT, UNJUSTIFIED ENRICHMENT)
7. CATEGORISATION OF CONTRACTS ACCORDING TO PARTIES
7.1 INTRODUCTION: WAYS OF CATEGORISING CONTRACTS
7.2 CIVIL AND COMMERCIAL CONTRACTS: A GENERAL OVERVIEW
7.3 CONSUMER CONTRACTS
7.4 CONTRACTS ENTERED INTO BY PUBLIC AUTHORITIES: ADMINISTRATIVE CONTRACTS
PART 2: FORMATION
8. OFFER AND ACCEPTANCE
8.1 INTRODUCTORY NOTE
8.2 OFFER
8.3 ACCEPTANCE
8.4 RIGHTS OF WITHDRAWAL
9. SUFFICIENCY OF AGREEMENT
9.1 INTRODUCTION
9.2 ENGLISH LAW
9.3 GERMAN LAW
9.4 FRENCH LAW
10. INTENTION TO CREATE LEGAL RELATIONS
10.1 INFORMAL ARRANGEMENTS
10.2 AGREEMENTS IN HONOUR, 'GENTLEMEN'S AGREEMENTS'
10.3 LETTERS OF PATRONAGE OR OF COMFORT
10.4 AGREEMENT IN PRINCIPLE (ACCORD DE PRINCIPE)
10.5 PRE-EMPTION AGREEMENTS, OPTIONS AND UNILATERAL PROMISES
10.6 CONCLUSION
11. CAUSE AND CONSIDERATION
11.1. INTRODUCTION
11.2. CONSIDERATION (AND RELIANCE)
11.3. THE DOCTRINE OF CAUSE
11.4. GERMAN LAW AND DUTCH LAW
12. FORMAL REQUIREMENTS
12.1 INTRODUCTION
12.2 GERMAN LAW: MODERATE FORMALISM, FREEDOM AS TO PROOF
12.3 ENGLISH LAW: LIMITED FORMALISM; RULE OF ALMOST UNRESTRICTED PRODUCTION OF EVIDENCE
12.4 FRENCH LAW: A CERTAIN FORMALISM, MEANS OF PROOF LEGALLY CIRCUMSCRIBED
13. PRECONTRACTUAL NEGOTIATIONS
13.1 INTRODUCTION
13.2 A GENERAL DUTY OF PRECONTRACTUAL GOOD FAITH
13.3 CONDUCT CONTRARY TO PRECONTRACTUAL GOOD FAITH
PART 3: FRAUD, ABUSE, IMMORALITY
14. FRAUD, MISTAKE AND MISREPRESENTATION
14.1 GENERAL INTRODUCTION
14.2 FRAUD
14.3 MISTAKE
14.4 NON-DISCLOSURE
14.5 ADAPTATION OF CONTRACTS
14.6 COMPARATIVE SUMMARY: MISTAKE AND THE INTERNATIONAL RESTATEMENTS
15. THREATS
15.1 INTRODUCTION
15.2 THREATS
15.3 THREATS BY THIRD PERSONS
16. ABUSE OF CIRCUMSTANCES
16.1 INTRODUCTION
16.2 LAESIO ENORMIS
16.3 ABUSE OF CIRCUMSTANCES AND EXCESSIVE BENEFIT: QUALIFIED LAESIO ENORMIS
16.4 OTHER ABUSE OF CIRCUMSTANCES
16.5 ABUSE OF CIRCUMSTANCES BY THIRD PERSONS
17. IMMORAL AND ILLEGAL CONTRACTS
17.1 INTRODUCTION
17.2 CONFLICTS WITH PRINCIPLES OF SEXUAL MORALITY AND FAMILY LIFE
17.3. CONTRACTUAL RESTRICTIONS ON FREEDOM TO CONDUCT BUSINESS
17.4 CONTRACTS WHICH INVOLVE PROHIBITED CONDUCT
17.5 RESTITUTION OF BENEFITS CONFERRED UNDER AN IMMORAL OR ILLEGAL CONTRACT
PART 4: CONTENT OF CONTRACTS
18. INTERPRETATION
18.1 'OBJECTIVE' AND 'SUBJECTIVE' INTERPRETATION
18.2 AMBIGUOUS CLAUSES
18.3 'UNAMBIGUOUS CLAUSES': 'LITERAL' AND 'CONTEXTUAL' INTERPRETATION
18.4 PRELIMINARY NEGOTIATIONS
18.5 THE CONTRA PROFERENTEM RULE
19. THE OBLIGATIONS OF THE PARTIES: SALES AND SERVICES CONTRACTS
19.1 INTRODUCTION
19.2 OBLIGATIONS TO ACHIEVE A RESULT AND LESSER OBLIGATIONS
19.3 OBLIGATIONS IN TYPICAL CONTRACTS
20. SUPPLEMENTATION AND IMPLICATION OF TERMS
21. UNFAIR CLAUSES
21.1 INTRODUCTION
21.2 CONTROLS UNDER THE GENERAL LAW
21.3 LEGISLATIVE CONTROLS
21.4 KEY ISSUES IN UNFAIR CONTRACT TERMS LEGISLATION
21.5 PUBLIC LAW CONTROLS
21.6 CONCLUDING REMARKS
PART 5: REMEDIES FOR NON-PERFORMANCE
22. THE RANGE OF REMEDIES FOR BREACH OF CONTRACT
22.1 THE POSSIBLE REMEDIES
22.2 SPECIFIC PERFORMANCE AND OTHER REMEDIES
22.3 NON-PERFORMANCE NOT EXCUSED
23. SPECIFIC PERFORMANCE
23.1 INTRODUCTION
23.2 NON-MONETARY OBLIGATIONS
23.3 MONETARY OBLIGATIONS
24. WITHHOLDING PERFORMANCE
24.1 BASIC RULES
24.2 THE ORDER OF PERFORMANCE
24.3 WITHHOLDING BECAUSE OF DEFECTIVE OR PARTIAL PERFORMANCE
24.4 DEFAULT CAN BE ANTICIPATED
24.5 NON-PERFORMANCE OF OTHER CONTRACTS
25. TERMINATION
25.1 INTRODUCTION
25.2 THE MEANING AND NATURE OF TERMINATION
25.3 BASIC RULES AND THE MEANS OF TERMINATION
25.4 THE SERIOUSNESS OF THE DEFAULT
25.5 TERMINATION FOR DELAY IN PERFORMANCE
25.6 TERMINATION BEFORE PERFORMANCE IS DUE
25.7 AGREED RIGHTS OF TERMINATION
25.8 A LAST CHANCE TO PERFORM
25.9 EFFECTS OF TERMINATION
25.10 LOSS OF RIGHT TO TERMINATE
26. DAMAGES
26.1 INTRODUCTION
26.2 THE BASIC MEASURE OF DAMAGES FOR BREACH OF CONTRACT
26.3 THE REQUIREMENT OF NOTICE
26.4 RESTRICTIONS ON DAMAGES RECOVERABLE
26.5 SOME TYPICAL CASES
26.6 PLAINTIFF'S LOSS OR DEFENDANT'S GAIN
26.7 AGREED DAMAGES AND FORFEITURE CLAUSES
27. REMEDIES FOR NON-CONFORMING GOODS AND SERVICES
27.1 INTRODUCTION
27.2 REMEDIES IN SALE
27.3 SERVICES CONTRACTS
PART 6: SUPERVENING EVENTS
28. IMPOSSIBILITY OF PERFORMANCE
28.1 INTRODUCTION TO PART SIX
28.2 IMPOSSIBILITY
28.3 FRENCH LAW
28.4 GERMAN LAW
28.5 ENGLISH LAW
29. HARDSHIP, IMPREVISION
29.1. INTRODUCTION
29.2. FRENCH LAW
29.3. ENGLISH LAW
29.4. GERMAN LAW
30. CLAUSES DEALING WITH SUPERVENING EVENTS
30.1 INTRODUCTION
30.2 INDEXATION CLAUSES
30.3 FORCE MAJEURE CLAUSES
30.4 HARDSHIP CLAUSES
PART 7: THIRD PARTY CONSEQUENCES
31. CONTRACTS FOR THE BENEFIT OF THIRD PARTIES
31.1 THE GENERAL POSITION
31.2 REQUIREMENTS FOR THE CONFERRAL OF A RIGHT ON A THIRD PARTY
31.3 EXEMPTION CLAUSES AND OTHER DEFENCES FOR THE BENEFIT OF THIRD PARTIES
31.4 MODIFICATION AND REVOCATION
31.5 DEFENCES AVAILABLE TO THE PROMISOR
31.6 REMEDIES AVAILABLE TO THE PROMISEE
32. AGENCY
32.1 THE NOTION AND THE NATURE OF AGENCY
32.2 THE EFFECTS OF AGENCY
32.3 AGENT ACTING WITH AUTHORITY AND ULTRA VIRES
33. ASSIGNMENT
33.1 INTRODUCTION
33.2 VALIDITY OF ASSIGNMENT
33.3 PROTECTION OF THE DEBTOR

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Tags: Hugh Beale, Benedicte Fauvarque Cosson, Jacobien Rutgers, Stefan Vogenauer, Materials, Contract