Contract law and practice : the English system and Continental comparisons

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書誌事項

Contract law and practice : the English system and Continental comparisons

by Michael H. Whincup

Kluwer Law International, c2001

4th rev. and enl. ed. / with a foreword by Bernard Rudden

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注記

Includes index

内容説明・目次

内容説明

This text is first and foremost a clear exposition of the rules and attitudes of English contract law. It emphasizes the UK's membership of the European Union and seeking accordingly to give British lawyers an insight into equivalent Continental rules, while providing their Continental counterparts with a straightforward introduction to English law and its ways of thought. Special features include: clarity of expression and text (no footnotes); nearly 150 cases added since the third edition, including more than 30 reported in 2000; many examples of the terms of standard form contracts, considering their actual or possible effect and introducing students to current commercial practice. Particularly important issues include provisions as to risk, retention of title clauses, exclusion clauses, entire agreement clauses, and letters of credit; full treatment of the fundamental and familiar principles of the law, together with recent and forthcoming UK and EU reforms as to third party rights, consumer protection etc; for those interested to look beyond the limits of their own systems, there are concise and updated commentaries at the end of every chapter on comparable aspects of Danish, Dutch, French, German, Italian, Spanish, and Swedish law, written by practitioners and academics in those countries; and the book provides further comparative material in the many instructive references to Scottish, Commonwealth, and American contract cases, and to the Vienna Convention on Contracts for the International Sale of Goods.

目次

  • Foreword. Preface. Table of UK Statutes. Table of UK Regulations. Table of Cases. Introduction. The English Legal system. 1. Intention and certainty. 2. Offer and acceptance. 3. Consideration and estoppel. 4. Writing and capacity. 5. Express and implied terms
  • conditions, warranties and innominate terms. 6. Fitness of goods and services. 7. Exclusion clauses and other unfair contract terms. 8. Risk and retention of title. 9. Delivery, price and payment. 10. Mistake. 11. Misrepresentation, duress and illegal contracts. 12. Frustration. 13. Remedies for breach of contract. Index.

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