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Comparative Contract Law: Exercises in Comparative Methodology 4th ed


ISBN13: 9781035341436
Previous Edition ISBN: 9781800373686
To be Published: January 2025
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Paperback
Price: £48.95



Comparative Contract Law is the thoroughly revised fourth edition of a widely acclaimed and well-established textbook. It brings together extracts from legislation and court practice in case studies and promotes a ‘learning-by-doing’ approach to comparative methodology, enabling students to experience comparative law in action. The book acts as a practical guide for those seeking to familiarise themselves with real-world materials and to better understand the diverse approaches to modern contract law.

Key Features:

  • A comparative perspective on highly topical, real-life issues of contract law
  • Materials from some 30 jurisdictions in both their original languages and high quality translations
  • Students are able to solve scenarios according to the laws of different jurisdictions, to compare and evaluate the solutions and approaches they identify, and to better understand the diverse approaches to modern contract law
  • NEW! Full integration of the new Belgian Civil Code and information on small and medium-sized jurisdictions further diversified

Subjects:
Contract Law, Comparative Law
Contents:
Preface

PART A. INTRODUCTION
1. Contract law in the 21st century – the purpose of this book
2. A case-oriented and multilateral approach to the teaching and studying of comparative law: the approach used in this book
3. Is it legitimate and beneficial for judges to compare?

PART B. CASE STUDIES
I. Formation of contracts
1. Offer or invitation to treat (invitatio ad offerendum)?
2. Conditions for the formation of a contract – agreement or more? (cause and consideration)
3. Obligation to maintain an offer or freedom to revoke it?
4. Modification of contracts – the free will of the parties or limits on the freedom to contract (consideration revisited)?
5. The battle of forms
II. Performance of contracts
6. A right to performance of the contract or only a right to damages?
7. Damages and the role of fault in the event of delivery of goods not in conformity with the contract
8. Contractual penalty clauses
9. Termination or alteration of a contract in the event of a fundamental change of circumstances? (Clausula rebus sic stantibus or impr.vision)
10. Contracts and the transfer of ownership in movable property
III. The law applicable to cross-border contracts and the future of European contract law
11. The law applicable to cross-border contracts (introduction)
12. The future of European contract law
Index