Mistake, Fraud and Duties to Inform in European Contract Law

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  • Edition: 1st
  • Format: Paperback
  • Copyright: 2009-01-08
  • Publisher: Cambridge University Press
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This 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 recognize 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.

Table of Contents

List of contributors
Table of legislation
List of abbreviations
General introduction Ruth Sefton-Green
Mistake, misrepresentation and precontractual duties to inform: the civil law tradition Martin Josef Schermaier
The rise and fall of mistake in the English law of contract John Cartwright
Case studies
Anatole v. Bob
CFlimTne v. Damien
Emile v. Far Eastern Delights
Mr and Mrs Timeless v. Mr and Mrs Careless
Bruno v. The Local Garage
Emmanuel v. The Computer Shop
Estella v. Uriah Heep
Nell v. Scrooge Bank
Monstrous Inventions Ltd v. Mary Shelley
Lady Windermere v. Angel
Comparative conclusions Ruth Sefton-Green
Table of Contents provided by Publisher. All Rights Reserved.

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