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.
Publisher: Cambridge University Press
Number of pages: 464
Weight: 680 g
Dimensions: 229 x 152 x 26 mm
Review of the hardback: ' ... the volume on mistake, fraud and duties to inform in European contract law is a pleasant book to read ... All this, together with a detailed comparative conclusion by the editor of the volume, Ruth Sefton-Green, makes this book the authority in the field.' Maastricht Journal of European and Comparative Law
"...gives us both more true comparison and method than most other current projects. This may well be what the current debate needs most." -Ralf Michaels, Duke University School of Law