| Mistake, Fraud and Duties to Inform in European Contract Law Contributor(s): Sefton-Green, Ruth (Editor), Bussani, Mauro (Editor), Mattei, Ugo (Editor) |
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ISBN: 0521844231 ISBN-13: 9780521844239 Publisher: Cambridge University Press OUR PRICE: $153.90 Product Type: Hardcover - Other Formats Published: March 2005 Annotation: This 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. |
| Additional Information |
| BISAC Categories: - Law | Contracts - Law | International |
| Dewey: 346.402 |
| LCCN: 2004051802 |
| Series: Common Core of European Private Law |
| Physical Information: 1.19" H x 6" W x 9" (1.86 lbs) 462 pages |
| Descriptions, Reviews, Etc. |
| Publisher Description: 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. |
Contributor Bio(s): Sefton-Green, Ruth: - UMR de droit compare de Paris, Universite Paris1. |