Mistake in Contracting
Author | : Bruce MacDougall |
Publisher | : |
Total Pages | : |
Release | : 2018-05 |
Genre | : |
ISBN | : 9780433473039 |
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Author | : Bruce MacDougall |
Publisher | : |
Total Pages | : |
Release | : 2018-05 |
Genre | : |
ISBN | : 9780433473039 |
Author | : Ruth Sefton-Green |
Publisher | : Cambridge University Press |
Total Pages | : 462 |
Release | : 2005-02-10 |
Genre | : Law |
ISBN | : 1139442961 |
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.
Author | : Gareth Spark |
Publisher | : Cambridge University Press |
Total Pages | : 355 |
Release | : 2013-01-03 |
Genre | : Law |
ISBN | : 1139620452 |
Vitiation of Contracts proposes a new theory to explain the rationale of general vitiating factors in English contract law. It provides a clear link to voluntariness as the foundation of contractual liability and compares the English position, in light of this theory, with the Principles of International Commercial Contracts (PICC), the Principles of European Contract Law (PECL), the Draft Common Frame of Reference (DCFR) and the US Restatement (Second) of Contracts.
Author | : John Cartwright |
Publisher | : Sweet & Maxwell |
Total Pages | : 987 |
Release | : 2012 |
Genre | : Law |
ISBN | : 0414049551 |
This book fully explains the role of Misrepresentation in Contract Law. It further expands on the role of Mistake and Non-disclosure in a contractual dispute and formally comments on the general duties of negotiating parties.
Author | : John C. P. Goldberg |
Publisher | : Cambridge University Press |
Total Pages | : 483 |
Release | : 2019-08 |
Genre | : Law |
ISBN | : 1108421318 |
The fusion of law and equity in common law systems was a crucial moment in the development of the modern law. In this volume leading scholars assess the significance of the fusion of law and equity from comparative, doctrinal, historical and theoretical perspectives.
Author | : Samuel Zogg |
Publisher | : |
Total Pages | : 0 |
Release | : 2019 |
Genre | : Justice, Administration of |
ISBN | : 9781780688312 |
This book analyses the mechanics of how legal ownership in tangible movable property passes from one person to another and the respective impacts of defects, such as mistake. It adopts a new approach, basically arguing that the conveyance of title is distinct and independent from the underlying contract.
Author | : George E. Palmer |
Publisher | : William s Hein & Company |
Total Pages | : 114 |
Release | : 1962 |
Genre | : Law |
ISBN | : 9780899418407 |
This reprint delves into restitution of benefits obtained by mistake. The work is divided into three parts. The first chapter explores the different kinds of mistakes & seeks to classify them & the remedies available to settle them. Chapter two concentrates on mistakes in assumptions & how to avoid them. Chapter three discusses the difference between unilateral & mutual mistakes. William S. Hein & Co., Inc., 1993
Author | : Catharine MacMillan |
Publisher | : Bloomsbury Publishing |
Total Pages | : 348 |
Release | : 2010-01-15 |
Genre | : Law |
ISBN | : 1847315534 |
It is a matter of some difficulty for the English lawyer to predict the effect of a misapprehension upon the formation of a contract. The common law doctrine of mistake is a confused one, with contradictory theoretical underpinnings and seemingly irreconcilable cases. This book explains the common law doctrine through an examination of the historical development of the doctrine in English law. Beginning with an overview of contractual mistakes in Roman law, the book examines how theories of mistake were received at various points into English contract law from Roman and civil law sources. These transplants, made for pragmatic rather than principled reasons, combined in an uneasy manner with the pre-existing English contract law. The book also examines the substantive changes brought about in contractual mistake by the Judicature Act 1873 and the fusion of law and equity. Through its historical examination of mistake in contract law, the book provides not only insights into the nature of innovation and continuity within the common law but also the fate of legal transplants.
Author | : Nancy K. Kubasek |
Publisher | : |
Total Pages | : 0 |
Release | : 2019 |
Genre | : Commercial law |
ISBN | : 9781260247893 |
Designed for business majors taking a two-semester Business Law course, Kubasek, Dynamic Business Law, 5th edition, incorporates an ethical decision making framework, an emphasis on critical thinking, and a focus on business relevance. Updated coverage on privacy, cyber law, and immigration law provide a framework to help students think critically about these evolving topic areas.
Author | : MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.) |
Publisher | : |
Total Pages | : 180 |
Release | : 2019-09-27 |
Genre | : |
ISBN | : 9781680923025 |
A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.