Your Waterstones card is changing, introducing...
TELL ME MORE
Mistake and Non-Disclosure of Fact: Models for English Contract Law - Clarendon Law Lectures (Hardback)
  • Mistake and Non-Disclosure of Fact: Models for English Contract Law - Clarendon Law Lectures (Hardback)
zoom

Mistake and Non-Disclosure of Fact: Models for English Contract Law - Clarendon Law Lectures (Hardback)

(author)
£49.49
Hardback 172 Pages / Published: 23/08/2012
  • We can order this

Usually despatched within 1 week

  • This item has been added to your basket
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 is not suitable for smaller businesses which are less sophisticated and which are likely to be making low value contracts, so that relative cost of taking advice will be high. He argues that the solution may not be to reform English contract law generally, but to support the development of an optional instrument on contract law, along the lines of the Common European Sales Law recently proposed by the European Commission. This measure is aimed specifically at the needs of small and medium enterprises, and contains the protective rules found in the other jurisdictions. It is aimed primarily at cross-border sales, but Member States would be given the option of adopting it for domestic transactions too. This would give small businesses the choice of using the current "hard-nosed" law or adopting the more protective optional instrument, recognizing that different parties require different things from the law governing their contract.

Publisher: Oxford University Press
ISBN: 9780199593880
Number of pages: 172
Weight: 344 g
Dimensions: 222 x 156 x 16 mm

You may also be interested in...

The Rule of Law
Added to basket
£9.99
Paperback
Letters to a Law Student
Added to basket
Rather His Own Man 2018
Added to basket
The Secret Barrister
Added to basket
£16.99   £13.99
Hardback
The Greatest
Added to basket
£9.99
Paperback
Jeremy Hutchinson's Case Histories
Added to basket
£10.99   £7.99
Paperback
The Wind in My Hair
Added to basket
Life in the UK Test: Handbook 2018
Added to basket
The Ten Types of Human
Added to basket
£9.99   £7.99
Paperback
The Daily Telegraph Tax Guide 2018
Added to basket
Eichmann in Jerusalem
Added to basket
Law's Strangest Cases
Added to basket
I Let Him Go
Added to basket
£8.99   £6.99
Paperback
Red Card
Added to basket
£16.99   £14.99
Hardback

Reviews

Please sign in to write a review

Your review has been submitted successfully.