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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 Frame of Reference and so on. Materials are chosen and ordered so as to foster comparative study, complemented with annotations and comparative overviews prepared by a multinational team. The third edition includes many new developments at the EU level (including the ill-fated proposal for a Common European Sales Law and further developments linked to the digital single market) and in national laws, in particular the major reform of the French Code civil in 2016 and 2018, the UK's Consumer Rights Act 2015 and new cases. The principal subjects covered in this book include: An overview of EU legislation and of soft law principles, and their interrelation with national law The distinctions between contract and property, tort and restitution Formation and pre-contractual liability Validity, including duties of disclosure Interpretation and contents; performance and non-performance Remedies Supervening events Third parties.
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 Frame of Reference and so on. Materials are chosen and ordered so as to foster comparative study, complemented with annotations and comparative overviews prepared by a multinational team. The third edition includes many new developments at the EU level (including the ill-fated proposal for a Common European Sales Law and further developments linked to the digital single market) and in national laws, in particular the major reform of the French Code civil in 2016 and 2018, the UK's Consumer Rights Act 2015 and new cases. The principal subjects covered in this book include: An overview of EU legislation and of soft law principles, and their interrelation with national law The distinctions between contract and property, tort and restitution Formation and pre-contractual liability Validity, including duties of disclosure Interpretation and contents; performance and non-performance Remedies Supervening events Third parties.
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 Law, the Draft Common Frame of Reference and so on). Materials are chosen and ordered so as to foster comparative study, and complemented with annotations and comparative overviews prepared by a multinational team. The whole Casebook is in English. The principal subjects covered in this book include: General (including the distinctions between Contract and Property, Tort and Restitution) ; Formation; Validity; Interpretation and Contents; Remedies; Supervening Events; and Third Parties. Please click on the link below to visit the series website: www.casebooks.eu/contractLaw.
The market-leading stand-alone guide to contract law from a renowned lawyer; authoritative, comprehensive, and supportive. Comprising a unique balance of 60% text to 40% cases and materials, Contract Law: Text, Cases, and Materials combines the best features of a textbook with those of a traditional casebook. This unique balance shows students the law at work, aiding then in gaining a thorough understanding of contract law.KeyFeatures:- Combines author text with extracts from cases and materials; can be used as a stand-alone text on contract law- Written by an experienced author and leading authority in the field,renowned for his eloquent and accessible writing style - Extensive referencing throughout the book supports students as they undertake independent research - Complemented by online resources with extra material on illegality and incapacity, updates, multiple choice questions and web links New to this edition:- Coverage of, and commentary upon, the decision of the Supreme Court in Guest v Guest - Coverage of, andcommentary upon, the decision of the Supreme Court in Barton v Morris - Coverage of, and commentary upon, the decision of the Supreme Court in The Law Debenture Trust Corporation plc v Ukraine -Coverage of, and commentary upon, the decision of the Privy Council in Nature Resorts Ltd v First Citizens Bank Ltd - Coverage of, and commentary upon, the decision of the Court of Appeal in Re Compound Photonics Group Ltd Digital formats and resources: The eleventh edition is available for students and institutions to purchase in a variety of formats: the e-book and Law Trove offer a mobile experience and convenient access alongwith accompanying online resources, functionality tools, navigation features, and links that offer extra learning support.For more information about e-books, please visit www.oxfordtextbooks.co.uk/ebooks
Complete Contract Law offers students a carefully blended combination of the concepts and cases of contract law, accompanied by insightful commentary - a combination designed to encourage critical thinking, stimulate analysis, and promote a complete understanding.
This casebook presents a deep comparative analysis of property law systems in Europe (ie the law of immovables, movables and claims), offering signposts and stepping stones for the reader wishing to explore this fascinating area. The subject matter is explained with careful attention given to its history, foundations, thought-patterns, underlying principles and basic concepts. The casebook focuses on uncovering differences and similarities between Europe's major legal systems: French, German, Dutch and English law are examined, while Austrian and Belgian law are also touched upon. The book combines excerpts from primary source materials (case law and legislation) and from doctrine and soft law. In doing so it presents a faithful picture of the systems concerned. Separate chapters deal with the various types of property rights, their creation, transfer and destruction, with security rights (such as mortgages, pledges, retention of title) as well as with harmonising and unifying efforts at the EU and global level. Through the functional approach taken by the Ius Commune Casebooks this volume clearly demonstrates that traditional comparative insights no longer hold. The law of property used to be regarded as a product of historical developments and political ideology, which were considered to be almost set in stone and assumed to render any substantial form of harmonisation or approximation very unlikely. Even experienced comparative lawyers considered the divide between common law and civil law to be so deep that no common ground - so it was thought - could be found. However economic integration, in particular integration of financial markets and freedom of establishment, has led to the integration of particular areas of property law such as mortgage law and enforceable security instruments (eg retention of title). This pressure towards integration has led comparative lawyers to refocus their interest from contract, tort and unjustified enrichment to property law and delve beneath its surface. This book reveals that today property law systems are closer to one another than previously assumed, that common ground can be found and that differences can be analysed in a new light to enable comparison and further the development of property law in Europe.
This book offers students a firm understanding of the central doctrines and the controversies associated with them. Presenting a unique balance of 1/3 text to 2/3 cases and materials, the book can be used both as a stand alone text or as a companion volume to a textbook. Comprehensive coverage is presented in a logical structure that maps closely onto courses and stimulating commentary is delivered through detailed introductions, extract notes and extensive comments within each chapter. Extended extracts illustrate points clearly and promote the essential skills ofcase-reading, encouraging more detailed analysis of salient points, while analysis of key academic commentaries on issues of controversy, contract clauses etc is also included to provide a well-rounded discussion. Extracts from materials such as the Principles of European Contract Law and the UNIDROIT Principles for International Commercial Contracts are incorporated throughout to provide a useful point of comparison with English Law - encouraging critical reflection upon the state of the English system andillustrating how the law of contract is regarded in other jurisdictions. Specimen clauses are also cited to demonstrate some of the practical problems that confront both businessmen and lawyers, offering students working examples of complex issues. Questions are placed at key points throughout thetext to encourage further consideration and reflection of complex or controversial issues, while extensive referencing promotes further research. Written in a familiar and engaging style, this book offers a thought-provoking and well-balanced argument aimed squarely at undergraduates. Online Resource Centre: DT Critical summaries DT Web-links DT Extra cases and materials DT Recent updates Test bank: DT 150 multiple choice questions with answers and feedback
This casebook on contract comprises a wide selection of cases and materials that illustrate the substantive law and places it in its legal and commercial context. It demonstrates how the rules work both inside and outside the courtroom.
Contract Law: Cases and Materials presents a selection of well-chosen cases and illuminating commentary ideal for introducing students to the study of contract law in Australia. Developed to accompany Stewart, Swain and Fairweather's Contract Law: Principles and Context, this casebook maintains the accessibility of the principles text while providing the depth and analysis of topics required to learn contract law. Following the structure of the principles text, this text explores areas not traditionally covered in other casebooks, such as resolving disputes, preparing to make a contract, preliminary agreements, and interpreting contracts. Each chapter also briefly explores contracts in international contexts. Containing well-chosen, carefully curated cases and extracts, Contract Law: Cases and Materials takes a practical approach to student learning and integrates rich pedagogy to build critical thinking and analysis skills, making it an invaluable resource for contract law students.
The fifth edition of Ewan McKendrick's Contract Law: Text, Cases, and Materials provides a complete guide to the subject in a single volume, containing everything needed for the study of contract law at undergraduate level. Written by an experienced author and leading authority in the field, this is a popular text with students and lecturers alike. The book comprises a unique balance of 40% text to 60% cases and materials, combining the best features of a textbook with those of a traditional casebook. The author's clear explanations and analyses of the law provide invaluable support to students, while the extracts from cases and materials promote the development of essential case reading skills and allow for a more detailed appreciation of the practical workings of the law, and of the best legal scholarship.