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9789041113054

Principles of European Contract Law

by
  • ISBN13:

    9789041113054

  • ISBN10:

    9041113053

  • Edition: COMBINED
  • Format: Hardcover
  • Copyright: 1999-11-01
  • Publisher: Kluwer Law Intl
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Summary

An arbitrator has to decide a case under a contract 'to be governed by internationally accepted principles of law' A business person is negotiating a contract with a company in another EU state, but neither party wishes to apply the law of the other party's country A lawyer is advising parties to contracts involving parties in other States An EU official is drafting a new Directive affecting contracts A professor of law wants her students to gain a solid understanding of the way in which contracts are treated by the laws of the different Member States, and to Understand The common principles All these need to know the fundamental principles of contract law shared by the legal systems of the Member States and to have a concise, comprehensive and workable statement of them. The Principles of European Contract Law provides this. The Principles 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 organisations. 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. A particularly valuable feature is that each article also has extensive comparative notes surveying the national laws and other international provisions on the topic. The Principles of European Contract Law Parts I & II covers the core rules of contract: formation, authority of agents, validity, interpretation, contents, performance, non-performance and remedies. The articles previously published in Part I (1995) are included in a revised and re-ordered form.

Table of Contents

Preface xi
Members of the Commissions on European Contract Law xvii
Introduction xxi
Survey of Chapters 1--9 xix
List of Abbreviations
xliii
Text of Articles in English and French 1(93)
Concordance 94(1)
General Provisions
Scope of the Principles
Application of the Principles
95(4)
Freedom of Contract
99(1)
Mandatory Law
100(3)
Application to Questions of Consent
103(1)
Usages and Practices
104(4)
Interpretation and Supplementation
108(2)
Application of the Principles by Way of Analogy
110(3)
General Duties
113(9)
Good Faith and Fair Dealing
113(6)
Duty to Co-operate
119(3)
Terminology and Other Provisions
122(15)
Meaning of Terms
122(4)
Reasonableness
126(2)
Notice
128(3)
Computation of Time
131(3)
Imputed Knowledge and Intention
134(3)
Formation of Contracts
General Provisions
Conditions for the Conclusion of a Contract
137(6)
Intention
143(3)
Sufficient Agreement
146(3)
Terms Not Individually Negotiated
149(3)
Merger Clause
152(2)
Written Modification Only
154(3)
Promises Binding without Acceptance
157(2)
Offer and Acceptance
Offer
159(5)
Revocation of an Offer
164(4)
Rejection
168(1)
Acceptance
169(2)
Time of Conclusion of the Contract
171(3)
Time Limit for Acceptance
174(2)
Late Acceptance
176(1)
Modified Acceptance
177(3)
Conflicting General Conditions
180(5)
Professional's Written Confirmation
185(2)
Contracts not Concluded through Offer and Acceptance
187(2)
Liability for negotiations
Negotiations Contrary to Good Faith
189(4)
Breach of Confidentiality
193(4)
Authority of Agents
General Provisions
Scope of the Chapter
197(2)
Categories of Representation
199(3)
Direct Representation
Express, Implied and Apparent Authority
202(3)
Agent acting in Exercise of its Authority
205(1)
Unidentified Principal
206(1)
Agent acting without or outside its Authority
207(2)
Conflict of Interests
209(2)
Subagency
211(2)
Ratification by Principal
213(2)
Third Party's Right with Respect to Confirmation of Authority
215(1)
Duration of Authority
216(4)
Indirect Representation
Intermediaries not acting in the name of a Principal
220(1)
Intermediary's Insolvency or Fundamental Non-performance to Principal
221(2)
Intermediary's Insolvency or Fundamental Non-performance to Third Party
223(2)
Requirement of Notice
225(2)
Validity
Matters not Covered
227(1)
Initial Impossibility
228(1)
Fundamental Mistake as to Facts or Law
229(13)
Inaccuracy in Communications
242(4)
Adaptation of Contract
246(2)
Incorrect Information
248(4)
Fraud
252(5)
Threats
257(4)
Excessive Benefit or Unfair Advantage
261(5)
Unfair terms not Individually Negotiated
266(5)
Third persons
271(3)
Notice of Avoidance
274(1)
Time limits
275(1)
Confirmation
276(1)
Effect of Avoidance
277(2)
Partial Avoidance
279(1)
Damages
280(4)
Exclusion or Restriction of Remedies
284(1)
Remedy for Non-performance
285(2)
Interpretation
General Rules of Interpretation
287(4)
Relevant Circumstances
291(3)
Contra Proferentem Rule
294(1)
Preference to Negotiated Terms
295(1)
Reference to Contract as a Whole
296(1)
Terms to Be Given Effect
297(1)
Linguistic Discrepancies
298(1)
Contents and Effects
Statements giving rise to Contractual Obligation
299(3)
Implied Terms
302(4)
Simulation
306(1)
Determination of Price
307(3)
Unilateral Determination by a Party
310(1)
Determination by a Third Person
311(2)
Reference to a Non-Existent Factor
313(1)
Quality of Performance
314(2)
Contract for an Indefinite Period
316(1)
Stipulation in Favour of a Third Party
317(5)
Change of Circumstances
322(7)
Performance
Place of Performance
329(3)
Time of Performance
332(2)
Early Performance
334(1)
Order of Performance
335(2)
Alternative Performance
337(1)
Performance by a Third Person
338(2)
Form of Payment
340(3)
Currency of Payment
343(3)
Appropriation of Performance
346(5)
Property Not Accepted
351(4)
Money not Accepted
355(2)
Costs of Performance
357(2)
Non-Performance and Remedies in General
Remedies Available
359(3)
Cumulation of Remedies
362(2)
Fundamental Non-Performance
364(4)
Cure by Non-Performing Party
368(2)
Assurance of Performance
370(2)
Notice Fixing Additional Period for Performance
372(6)
Performance Entrusted to Another
378(1)
Excuse due to an Impediment
379(6)
Clause Excluding or Restricting Remedies
385(6)
Particular Remedies for Non-Performance
Right To Performance
Monetary Obligations
391(3)
Non-monetary Obligations
394(8)
Damages Not Precluded
402(2)
Withholding Performance
Right to Withhold Performance
404(5)
Termination of the Contract
Right to Terminate the Contract
409(2)
Contract to be Performed in Parts
411(2)
Notice of Termination
413(3)
Anticipatory Non-Performance
416(3)
Effects of Termination in General
419(2)
Property Reduced in Value
421(1)
Recovery of Money Paid
422(1)
Recovery of Property
423(2)
Recovery for Performance that Cannot be Returned
425(5)
Price Reduction
Right to Reduce Price
430(4)
Damages and Interest
Right to Damages
434(4)
General Measure of Damages
438(3)
Foreseeability
441(2)
Loss Attributable to Aggrieved Party
443(2)
Reduction of Loss
445(3)
Substitute Transaction
448(1)
Current Price
449(1)
Delay in Payment of Money
450(3)
Agreed Payment for Non-performance
453(3)
Currency by which Damages to be Measured
456(5)
BIBLIOGRAPHY
General
461(10)
National:
471(8)
Austria
471(1)
Common Law (England, Ireland, United States)
471(1)
Denmark
472(1)
Finland
472(1)
France, Belgium and Luxembourg
473(2)
Germany
475(1)
Greece
475(1)
Italy
476(1)
The Netherlands
476(1)
Portugal
477(1)
Scotland
477(1)
Spain
478(1)
Sweden
478(1)
Comparative and general works
479(2)
Table of Cases 481(20)
Table of Code Provisions and Legislation 501(52)
Index 553

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