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Mistake and Non-disclosure of Fact
English law seldom gives relief when a party to a contract finds that she has entered the contract under a serious mistake about the subject matter or the facts. This book argues that small businesses suffer as a result, and proposes possible solutions including adopting the proposed Common European Sales Law.
Mistake and Non-Disclosure of Fact: Models for English Contract Law
English law, unlike in Europe and in the US, seldom gives relief when a party to a contract finds that she has entered the contract under a serious mistake about the subject matter or the facts. This book argues that small businesses suffer as a result, and proposes possible solutions, including adopting the proposed Common European Sales Law.
Cases, Materials and Text on Contract Law
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 F...
Contract Law
This is the second edition of the widely acclaimed and successful casebook on Contract in the Ius Commune Series, developed to be used throughout Europe and aimed at those who teach, learn or practise law with a comparative or European perspective. The book contains leading cases, legislation and other materials from the legal traditions within Europe, with a focus on English, French and German law as the main representatives of those traditions. The book contains the basic texts and contrasting cases as well as extracts from the various international restatements (the Vienna Sales Convention, the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract ...
Mistake and Non-Disclosure of Fact
In this book Hugh Beale examines the case for reforming the law on mistake and non-disclosure of fact to bring English law closer to the law in much of continental Europe. There, and in common law countries like the US, a party may avoid a contract for mistake of fact on a more liberal basis, and a party who deliberately keeps silent knowing that the other party is making a mistake may be guilty of fraud. This is not necessarily the case in England and Wales. Developing a proposal for law reform, the author concedes that the English courts require a law that puts great emphasis on certainty and expects parties to look out for their own interests; but posits that this individualistic approach...
The Forfeiture Rule and the Law of Succession
The forfeiture rule, in common law, states that a person cannot inherit property from someone whom he or she has unlawfully killed. The problem is what should happen to the inheritance where the dead person has died intestate and the potential heir is excluded because he or she has killed the dead person. This problem was highlighted by a Court of Appeal case in 2000, in which the killer's children were, in effect, disqualified from the inheritance because of their parent's wrongdoing. The Law Commission issued a consultation paper on this topic in 2003 (No. 172, ISBN 0117302589). This report discusses the responses and sets out the Commission's final recommendations. The Commission recommen...
A New Homicide Act for England and Wales?
This consultation paper reviews the law relating to homicide in England and Wales, and sets out a number of provisional proposals in order to establish a more rational and coherent framework of legislation. Issues discussed include: the existing law and problems with it; the definition of murder and manslaughter; partial defences including provocation, diminished responsibility and duress; the fault element in murder and the concept of intention; and the doctrine of double-effect. The paper proposes the creation of a new Homicide Act (to replace the Homicide Act 1957) to establish clear definitions of murder and the partial defences to it, as well as defining manslaughter, within a graduated system of offences (the ladder principle) to reflect seriousness of offence and degrees of mitigation. For example, the offence of murder should be divided into two categories, of 'first degree murder' (with a mandatory life sentence) and 'second degree' (with a discretionary life sentence maximum). Responses to the consultation paper proposals should be received by 13.04.2006.
Contents and Effects of Contracts-Lessons to Learn From The Common European Sales Law
This book presents a critical analysis of the rules on the contents and effects of contracts included in the proposal for a Common European Sales Law (CESL). The European Commission published this proposal in October 2011 and then withdrew it in December 2014, notwithstanding the support the proposal had received from the European Parliament in February 2014. On 6 May 2015, in its Communication ‘A Digital Single Market Strategy for Europe’, the Commission expressed its intention to “make an amended legislative proposal (...) further harmonising the main rights and obligations of the parties to a sales contract”. The critical comments and suggestions contained in this book, to be unde...
Contents of Contracts and Unfair Terms
Studies in the Contract Laws of Asia provides an authoritative and current introduction to the contract laws of major Asian jurisdictions, and includes a bibliography of literature in the English language. The series will identify and discuss the current controversies and debates amongst the stakeholders of the subject jurisdictions, the likely direction of travel on these issues, as well as the values and policies which shape the development of the law in these areas. Furthermore, it will examine how European-sourced laws have acquired unique characteristics in the transplanted jurisdictions, and compare these with the emerging shape of European contract law and other international instruments. Each volume in the series will offer an insider's perspective into specific areas of contract law: remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy. It will explore how these diverse jurisdictions address common problems encountered in contractual disputes, and will offer a comparative assessment, horizontally as between the Asian jurisdictions, and vertically with source jurisdictions and international codes. Book jacket.
Draft Civil Law Reform Bill
Draft Civil Law Reform Bill : Pre-legislative scrutiny, sixth report of session 2009-10, Vol. 2: Oral and written Evidence
