Comparative contract law : cases, materials and exercises
Author(s)
Bibliographic Information
Comparative contract law : cases, materials and exercises
E. Elgar Pub., c2019
2nd ed
- : pbk
- : cased
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Note
"Translations of materials by Christopher Booth, Eleanor Merrett, Rachel Harrison et al."
Includes bibliographical references and index
Description and Table of Contents
Description
'The incorporation of Chinese law is particularly interesting for Chinese legal researchers and even for the Chinese legislator considering the dramatic ongoing codification movement taking place within Chinese civil law, because one of the essential values of comparative law is to find alternative solutions to one's own legal system.'
- Jiayou Shi, Renmin University of China, Beijing, China
'Professor Kadner Graziano's book on comparative contract law is an invaluable source of inspiration to both study and teach contract law in a transnational perspective. His cases highlight the expected and sometimes less expected differences and similarities between the key jurisdictions in Europe and allow the reader to gain a concrete understanding of the various systems put in play. I cherish this book this book for my course on transnational contract law and highly recommend it to anyone who is interested in this stimulating field of study.'
- Andre Prum, University of Luxembourg
Promoting a 'learning-by-doing' approach to comparative contract law and comparative methodology, this second edition of Comparative Contract Law updates the first true student reader on the subject. It brings together extracts from legislation and court practice in a way that lets students experience comparative law in action, presenting a unique guide to European and International contract law.
This updated second edition provides:
an international perspective on highly topical, real-life issues of contract law
materials from some 30 jurisdictions in both their original languages, and in excellent translations
the chance for students to solve scenarios according to the laws of different jurisdictions and compare and evaluate the solutions and approaches they identify
the opportunity for students to engage with a broad array of case material and to develop their skills as comparative lawyers.
Essential reading for all students, practitioners, and scholars of comparative contract law and methodology, this second edition remains a vital practical guide for those seeking to familiarise themselves with real-world materials and to better understand the diverse approaches to modern contract law.
Table of Contents
Contents: Preface Part A Introduction 1. Contract Law in the 21st century - the purpose of this book 2. A case-oriented and multilateral approach to the teaching, studying and learning of comparative law - the approach used in this book 3. Is it legitimate and beneficial for judges to compare? 4. An introduction to the Principles of Contract Law: the needs to which they respond and the purposes for which they are designed I. Formation of contracts 5. Case study 1: Offer or invitation to treat (Invtio ad offerendum) 6. Case study 2: Conditions for the formation of a contract - agreement or more? (cause and consideration) 7. Case study 3: Obligation to maintain an offer or freedom to revoke it 8. Case study 4: Modification of contracts - the free will of the parties or limits on the freedom to contract (consideration revisited) 9. Case study 5: The battle of forms II. Performance of contracts 10. Case study 6: Right to receive performance of a contract or just a right to receive damages 11. Case study 7: Damages and the role of the fault of the seller in the event of delivery of goods not in conformity with the contract 12. Case study 8: Change of circumstances 13. Case study 9: Contracts and the transfer of ownership in movable property III. The law applicable to cross-border contracts and the future of European contract law 14. Case study 10: The law applicable to cross-border contracts (introduction) 15. Case study 11: The future of European contract law Index
by "Nielsen BookData"
