Mistake, Fraud and Duties to Inform in European Contract Law (The Common Core of European Private Law)
Cambridge University Press, 3/9/2009
EAN 9780521093101, ISBN10: 0521093104
Paperback, 464 pages, 22.9 x 15.2 x 2.9 cm
Language: English
This 2005 examination of twelve case studies about mistake, fraud and duties to inform reveals significant differences about how contract law works in thirteen European legal systems and, despite the fact that the solutions proposed are often similar, what divergent values underlie the legal rules. Whereas some jurisdictions recognise increasing duties to inform in numerous contracts so that the destiny of mistake and fraud (classical defects of consent) may appear to be uncertain, other jurisdictions continue to refuse such duties as a general rule or fail to recognise the need to protect one of the parties where there is an imbalance in bargaining power or information. Avoiding preconceptions as to where and why these differences exist, this book first examines the historical origins and development of defects of consent, then considers the issues from a comparative and critical standpoint.
Preface
List of contributors
Table of legislation
List of abbreviations
1. General introduction Ruth Sefton-Green
2. Mistake, misrepresentation and precontractual duties to inform
the civil law tradition Martin Josef Schermaier
3. The rise and fall of mistake in the English law of contract John Cartwright
4. Case studies
Case 1
Anatole v. Bob
Case 2
Célimène v. Damien
Case 3
Emile v. Far Eastern Delights
Case 4
Mr and Mrs Timeless v. Mr and Mrs Careless
Case 5
Bruno v. The Local Garage
Case 6
Emmanuel v. The Computer Shop
Case 7
Cinderella
Case 8
Estella v. Uriah Heep
Case 9
Nell v. Scrooge Bank
Case 10
Zachary
Case 11
Monstrous Inventions Ltd v. Mary Shelley
Case 12
Lady Windermere v. Angel
5. Comparative conclusions Ruth Sefton-Green
Index.
Review of the hardback: ' ... the volume on mistake, fraud and duties to inform in European contract law is a pleasant book to read ... All this, together with a detailed comparative conclusion by the editor of the volume, Ruth Sefton-Green, makes this book the authority in the field.' Maastricht Journal of European and Comparative Law