The Recovery of Non-Pecuniary Loss in European Contract Law

The Recovery of Non-Pecuniary Loss in European Contract Law
Author: Vernon V. Palmer
Publisher: Cambridge University Press
Total Pages: 535
Release: 2015-07-02
Genre: Law
ISBN: 1316300684

This is the first comprehensive work to capture the rise of moral damages (non-pecuniary loss) in European contract law through a historical and comparative analysis. Unique features of this study include the first classification scheme of the systems into liberal, moderate and conservative regimes, a taxonomy of non-pecuniary loss drawn from a European-wide jurisprudence, and a comprehensive bibliography of the subject. Written by a leading academic on comparative law, Palmer's precise and practical insights on Europe's leading cases will be of great interest to academic researchers and practitioners alike.

The Recovery of Non-Pecuniary Loss in European Contract Law

The Recovery of Non-Pecuniary Loss in European Contract Law
Author: Vernon V. Palmer
Publisher:
Total Pages: 534
Release: 2015
Genre: LAW
ISBN: 9781316162378

"This is the first comprehensive work to capture the rise of moral damages (non-pecuniary loss) in European contract law through a historical and comparative analysis. Unique features of this study include the first classification scheme of the systems into liberal, moderate and conservative regimes, a taxonomy of non-pecuniary loss drawn from a European-wide jurisprudence, and a comprehensive bibliography of the subject. Written by a leading academic on comparative law, Palmer's precise and practical insights on Europe's leading cases will be of great interest to academic researchers and practitioners alike"--

Breach of Contract and Damages for Non-Pecuniary Loss

Breach of Contract and Damages for Non-Pecuniary Loss
Author: Katarzyna Kryla-Cudna
Publisher:
Total Pages: 19
Release: 2018
Genre:
ISBN:

The purpose of this article is to investigate whether non-pecuniary interests of the parties should be protected in contract law and what should be the scope of such protection. The paper sheds light on the theoretical framework of contract remedies and claims that moral damages are necessary for an adequate protection of the interests of the parties to a contract. It further investigates the policy arguments against the recoverability of non-pecuniary loss in contract law and argues that such arguments cannot be considered a sufficient justification for a bar to moral damages. Finally, based on a survey of case law from several European jurisdictions, the article provides insight into the kinds of non-pecuniary consequences that may arise from a breach of contract.

A Company's Right to Damages for Non-Pecuniary Loss

A Company's Right to Damages for Non-Pecuniary Loss
Author: Vanessa Wilcox
Publisher: Cambridge University Press
Total Pages: 227
Release: 2016-09-01
Genre: Law
ISBN: 1316668525

Applying appropriate legal rules to companies with as much consistency and as little consternation as possible remains a challenge for legal systems. One area causing concern is the availability of damages for non-pecuniary loss to companies, a disquiet that is rooted in the very nature of such damages and of companies themselves. In this book, Vanessa Wilcox presents a detailed examination of the extent to which damages for non-pecuniary loss can be properly awarded to companies. The book focusses on the jurisprudence of the European Court of Human Rights and English law, with a chapter also dedicated to comparative treatment. While the law must be adaptable, Wilcox concludes that considerations of coherency, certainty and ultimately justice dictate that the resulting rules should conform to certain core legal principles. This book lays the foundation for further comparative research into this topic and will be of interest to both the tort law and broader legal community.

Commentaries on European Contract Laws

Commentaries on European Contract Laws
Author: Nils Jansen
Publisher: Oxford University Press
Total Pages: 2379
Release: 2018-07-12
Genre: Law
ISBN: 0192508008

The book provides rule-by-rule commentaries on European contract law (general contract law, consumer contract law, the law of sale and related services), dealing with its modern manifestations as well as its historical and comparative foundations. After the collapse of the European Commission's plans to codify European contract law it is timely to reflect on what has been achieved over the past three to four decades, and for an assessment of the current situation. In particular, the production of a bewildering number of reference texts has contributed to a complex picture of European contract laws rather than a European contract law. The present book adopts a broad perspective and an integrative approach. All relevant reference texts (from the CISG to the Draft Common European Sales Law) are critically examined and compared with each other. As far as the acquis commun (ie the traditional private law as laid down in the national codifications) is concerned, the Principles of European Contract Law have been chosen as a point of departure. The rules contained in that document have, however, been complemented with some chapters, sections, and individual provisions drawn from other sources, primarily in order to account for the quickly growing acquis communautaire in the field of consumer contract law. In addition, the book ties the discussion concerning the reference texts back to the pertinent historical and comparative background; and it thus investigates whether, and to what extent, these texts can be taken to be genuinely European in nature, ie to constitute a manifestation of a common core of European contract law. Where this is not the case, the question is asked whether, and for what reasons, they should be seen as points of departure for the further development of European contract law.

The French Contract Law Reform

The French Contract Law Reform
Author: Sophie Stijns
Publisher:
Total Pages: 0
Release: 2016
Genre: Contracts
ISBN: 9781780684192

This book results from the Contract Law Workshop of the 20th Ius Commune Conference held 26-27 November 2015. The theme of this Workshop was: The French Contract Law Reform: a Source of Inspiration? Since the conference in November 2015, all authors have incorporated comments on the final version of the ordonnance.

Principles of European Contract Law

Principles of European Contract Law
Author: Commission on European Contract Law
Publisher: Kluwer Law International B.V.
Total Pages: 612
Release: 2000-01-01
Genre: Law
ISBN: 9041113053

This text provides a comprehensive guide to the principles of European contract law. They have been drawn up by an independent body of experts from each Member State of the EU, under a project supported by the European Commission and many other organizations. The principles are stated in the form of articles, with a detailed commentary explaining the purpose and operation of each article and its relation to the remainder. Each article also has extensive comparative notes surveying the national laws and other international provisions on the topic.

A Company's Right to Damages for Non-Pecuniary Loss

A Company's Right to Damages for Non-Pecuniary Loss
Author: Vanessa Wilcox
Publisher: Cambridge University Press
Total Pages: 0
Release: 2018-12-20
Genre: Law
ISBN: 9781316504970

Applying appropriate legal rules to companies with as much consistency and as little consternation as possible remains a challenge for legal systems. One area causing concern is the availability of damages for non-pecuniary loss to companies, a disquiet that is rooted in the very nature of such damages and of companies themselves. In this book, Vanessa Wilcox presents a detailed examination of the extent to which damages for non-pecuniary loss can be properly awarded to companies. The book focusses on the jurisprudence of the European Court of Human Rights and English law, with a chapter also dedicated to comparative treatment. While the law must be adaptable, Wilcox concludes that considerations of coherency, certainty and ultimately justice dictate that the resulting rules should conform to certain core legal principles. This book lays the foundation for further comparative research into this topic and will be of interest to both the tort law and broader legal community.

Tort Law

Tort Law
Author: Keith N. Hylton
Publisher: Cambridge University Press
Total Pages: 465
Release: 2016-06-06
Genre: Law
ISBN: 1316598497

Tort Law: A Modern Perspective is an advanced yet accessible introduction to tort law for lawyers, law students, and others. Reflecting the way tort law is taught today, it explains the cases and legal doctrines commonly found in casebooks using modern ideas about public policy, economics, and philosophy. With an emphasis on policy rationales, Tort Law encourages readers to think critically about the justifications for legal doctrines. Although the topic of torts is specific, the conceptual approach should pay dividends to those who are interested broadly in regulatory policy and the role of law. Incorporating three decades of advancements in tort scholarship, Tort Law is the textbook for modern torts classrooms.

Unexpected Circumstances in European Contract Law

Unexpected Circumstances in European Contract Law
Author: Ewoud Hondius
Publisher: Cambridge University Press
Total Pages: 715
Release: 2011-03-03
Genre: Law
ISBN: 1139501151

The recent financial crisis has questioned whether existing contracts may be adapted, terminated or renegotiated as a result of unexpected circumstances. The question is not a new one. In medieval times the notion of clausula rebus sic stantibus was developed to cope with such situations, and Germany introduced the theory of Wegfall der Geschäftsgrundlage. In England, the Coronation cases provided one possible answer. This comparative study explores the possibility of classifying jurisdictions as 'open' or 'closed' in this regard.