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Good Faith and Fault in Contract Law - Jack Beatson

Good Faith and Fault in Contract Law

By: Jack Beatson (Editor), Daniel Friedman (Editor)

Hardcover Published: 15th June 1995
ISBN: 9780198259237
Number Of Pages: 578

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It has been said that the genius of the common law lies in its capacity to change and adapt to new conditions. In nineteenth-century English contract law there were significant examples of a willingness to look to other systems, whether the French Civil Code in respect of damages or Roman law in respect of the effect of mistake. Although today decisions of other common law jurisdictions are cited, there is a perception that in the last decade English contract law has been less innovative and perhaps less open to the influence of other systems. The gradual divergence of contract doctrine within the Commonwealth and United States jurisdictions has become more apparent. The essays in this volume serve as a reminder that foreign ideas and influences have a notable place in the development of English contract doctrine and indeed where European Community law is involved, as in the case of the Directive on Unfair Terms in Consumer Contracts, there is no choice. The Directive reflects the predominantly civilian systems of member states and it has been said that its main effect "will be to introduce for the first time a general concept of fairness into the UK law of contract".

'high-quality...the Beatson and Friedmann collection contains several powerful and innovative theoretical contributions which are primarily aimed at, and will be of justifiable interest to, researchers for years to come...As the many valuable comparative law contributions to the Beatson and Friedmann collection make clear, English law has, in any event, a wide variety of alternative good faith models from whcih to choose.' * SPTL Reporter * 'an important and invaluable source of material for both practitioners and academics interested in this area of the law...an international value in that it discusses and analyses not only English law but also the law in some continental countries as well as the United States.' * ICCLR *

Acknowledgmentsp. ix
Essayistsp. x
Colloquium Participantsp. xii
Abbreviationsp. xiii
Table of Casesp. xv
Table of Legislationp. xlii
Introductionp. 1
Introduction: from 'Classical' to Modern Contract Lawp. 3
Formation of Contractp. 23
Pre-Contractual Duties: Two Freedoms and the Contract to Negotiatep. 25
On the Nature of Undue Influence Peter Birks and Chin Nyuk Yinp. 57
Duties of Disclosure and French Contract Law: Contribution to an Economic Analysisp. 99
Consideration: Practical Benefit and the Emperor's New Clothesp. 123
The Contractual Obligation: Good Faith, Control and Adaptationp. 151
Good Faith in Contract Performancep. 153
The Doctrine of Good Faith in German Contract Lawp. 171
The Implied Terms of Contracts: of 'Default Rules' and 'situation-Sense'1p. 191
Legislative Control of Fairness: The Directive on Unfair Terms in Consumer Contracts*p. 231
Public Law Influences in Contract Law*p. 263
Relational Contractsp. 291
The Regulation of Long-Term Contracts in English Lawp. 305
Fault and Breach of Contract*p. 337
Contract Modification as a Result of Change of Circumstancesp. 357
Alternatives and Frustrationp. 377
Remediesp. 397
Good Faith and Remedies for Breach of Contractp. 399
Expectation Damages and Uncertain Future Losses*p. 427
The Choice of Remedy for Breach of Contract*p. 471
Suspending Contract Performance for Breachp. 485
Indexp. 523
Table of Contents provided by Publisher. All Rights Reserved.

ISBN: 9780198259237
ISBN-10: 0198259239
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 578
Published: 15th June 1995
Publisher: Oxford University Press
Country of Publication: GB
Dimensions (cm): 23.8 x 16.1  x 3.8
Weight (kg): 1.06

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