Download PDF by Sefton-Green R., Bussani M.: Mistake, Fraud and Duties to Inform in European Contract Law

By Sefton-Green R., Bussani M.

ISBN-10: 0511082347

ISBN-13: 9780511082344

ISBN-10: 0521844231

ISBN-13: 9780521844239

This exam of twelve case reports approximately mistake, fraud and tasks to notify unearths major variations approximately how agreement legislations works in 13 ecu felony platforms and, although the options proposed are frequently related, what divergent values underlie the criminal principles. while a few jurisdictions recognize expanding tasks to notify in several contracts in order that the future of mistake and fraud (classical defects of consent) might seem to be doubtful, different jurisdictions proceed to refuse such tasks as a basic rule or fail to realize the necessity to shield one of many events the place there's an imbalance in bargaining energy or details. warding off preconceptions as to the place and why those alterations exist, this ebook first examines the old origins and improvement of defects of consent, then considers the problems from a comparative and important standpoint.• specializes in the way the legislation shows values by way of criminal effects, instead of with the doctrines and ideas the legislations makes use of or its social effects • deals an unique research of the ecu structures coated, instead of simply supplying a compilation of data at the a number of criminal platforms • provides 12 conscientiously developed hypothetical case-studies via the solutions of thirteen eu jurisdictions to those case-studies

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Is mistake becoming a subsidiary or residual remedy as a result of duties to inform? Can it be inferred that duties to inform are taking over or have replaced the more traditional concept of mistake? 56 As explained, such duties can be qualified as precontractual or contractual. 58 Clearly however, what is of most interest is to uncover the patterns of behaviour the law expects from contracting parties at the precontractual stage and in particular, the remedial approach adopted enables us to ascertain the degrees of protection given, should the parties break such standards.

Jamin, ‘Plaidoyer pour le solidarisme contractuel’, in G. Goubeaux et al. ), Études offertes à Jacques Ghestin; Le contrat au début du XXIe siècle (Paris, 2001); M. W. Hesselink, ‘The Principles Of European Contract Law: Some Choices Made by the Lando Commission’ in M. W. Hesselink, G. de Vries, Principles of European Contract Law (Deventer, 2001), pp. 5--95. Cass civ, 19 May 1958, Bull civ I, p. 198; cf. for a detailed explanation, J. ), Traité de droit civil, La formation du contrat (3rd edn, Paris, 1993), no.

Phipps [2003] EWHC 1507, [2003] 1 WLR 2360 80 n. 58, 80 n. 62 Etridge v. Royal Bank of Scotland (No. 2) [2002] UKHL 44: see Royal Bank of Scotland v. Etridge (No. 2) [2001] UKHL 44, [2002] 2 AC 773 Fredrick E. Rose (London) Ltd v. William H. Pim Jnr & Co. Ltd [1953] 2 QB 450 78 n. 52 Fry v. Lane (1888) 40 Ch D 312 94--5, 135--6, 161 Gibbon v. Mitchell [1990] 1 WLR 1304 66 n. 5 3 All ER 338 357 Gibbon v. Mitchell [1990] 1 WLR 1304, [1990] 3 ALL ER 338, 357 66 n. 5 Great Peace Shipping Ltd v. Tsavliris Salvage (International) Ltd, The Great Peace [2002] EWCA Civ 1407, [2003] QB 679 65 n.

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Mistake, Fraud and Duties to Inform in European Contract Law by Sefton-Green R., Bussani M.


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