Contract law and practice : the English system and continental comparisons

書誌事項

Contract law and practice : the English system and continental comparisons

by Michael H. Whincup

Kluwer Law and Taxation Publishers, c1992

2nd rev. and enl. ed

大学図書館所蔵 件 / 20

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注記

Index: p. 273-282

内容説明・目次

内容説明

This book provides a clear and accessible introduction to the basic principles of English commercial contract law and an insight into equivalent Continental rules. Key features of this publication are: clear but critical explanations of the general principles of law, illustrated so far as possible by modern precedents; use of typical commercial contract clauses, illustrating the practical significance of the rules in question and introducing the student to the language of contract; emphasis on commercial practice, with chapters on fitness of goods and services, risk, delivery and payment, as well as full treatment of the more familiar issues of offer and acceptance, consideration, terms (including arbitration and choice of law clauses), exclusion clauses, mistake, misrepresentation, frustration and remedies for breach; instructive comparisons with Commonwealth and American developments in case law and statute, together with appropriate references to the Vienna Convention on the International Sale of Goods; and for the new era of European co-operation, commentaries on comparable aspects of Danish, Dutch, French, German, Italian and Spanish law, written by practitioners and academics in the countries in question, providing many English students with their first insight into Continental legal systems and ways of thought.

目次

  • Introduction - the English legal system: sources of law
  • the English courts
  • civil courts
  • criminal courts
  • other courts and tribunals. Part 1 Intention and certainty. Part 2 Offer and acceptance. PArt 3 Consideration and estoppel: valuable consideration
  • estoppel
  • privity of contract - exceptions. Part 4 Writing and capacity. Part 5 Conditions, warranties and innominate terms - express and implied terms. Part 6 Fitness of goods and services: contract
  • negligence
  • strict liability
  • criminal law. Part 7 Exclusion clauses and other unfair contract terms. Part 8 Risk: ownershup. Part 9 Delivery and payment. Part 10 Mistake: common law
  • equity
  • Commonwealth and American rules. Part 11 Misrepresentation, duress and illegal contracts: misrepresentation
  • duress and undue influence
  • illegal contracts. Part 11 Frustration. Part 12 Remedies for breach of contract: damages
  • repudiation
  • specific performance
  • injunctions
  • time limits.

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