Suchergebnisse

Contracts and contract law -- Contract, tort and restitution -- The functions of contract law -- Economic analysis of contract law -- Empirical work -- Consideration -- Intention to create legal relations -- Offer and acceptance -- Uncertainty and incompleteness -- Communication mistakes -- Express terms in oral agreements -- Contents of written contracts -- Inaccurate information and misrepresentation -- Gap-filling by interpretation -- Implied terms -- Discharge by frustration -- Expectation mistakes -- Discharge by construction -- Duties of disclosure -- Some preliminary questions -- Withholding performance and termination for default -- Damages -- Literal enforcement -- Restitutionary remedies -- Why are promises binding? -- Economic analysis of contract law -- The impact of the empirical studies -- Critical approaches to contract -- Developing the relational contract notion -- Fairness and distributive justice -- Transformation thesis -- Rescission, variation, waiver and promissory estoppel -- Adjustments in longer term contracts -- Duress -- Undue pressure and undue influence -- Unconscionable bargains -- A general principle? -- Standard-form contracts -- Exclusion clauses -- Unfair terms in consumer contracts -- Regulated contracts -- Contracts contrary to public policy -- Contracts involving the commission of a crime or a tort -- Contracts in restraint of trade -- Agency -- Privity and the benefit of a contract between others -- Subsequent assignment of the benefit of a contract -- Privity and burdens -- Assignment and the burden of a contract

"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"--