Mistake In Contract

Author : Edwin Corwin McKeag
Publisher : The Lawbook Exchange, Ltd.
Page : 132 pages
File Size : 50,9 Mb
Release : 2003
Category : Law
ISBN : 9781584772767

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Mistake in Contract by Edwin Corwin McKeag Pdf

McKeag, Edwin C. Mistake in Contract: A Study in Comparative Jurisprudence. New York: Columbia University Press, 1905. 132 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. LCCN 2002072856. ISBN 1-58477-276-X. Cloth. $60. * In contract law there are two types of mistake as determined by Savigny. The first, echt, represents those cases in which consent exists, but the contract is impeachable due to the determination of mistake. This work examines the second class of mistake in contract, unecht, "...in which real consent is lacking, resulting in the nullity of the contract, while the mistake is an accompanying feature" (Preface). This class of mistake is traced from Roman law to common law and modern civil law. Originally published as Volume XXIII, Number 2 in Columbia's series, Studies in History, Economics and Public Law.

Author : Bruce MacDougall
Publisher : Unknown
Page : 128 pages
File Size : 49,6 Mb
Release : 2018-05
Category : Electronic
ISBN : 0433473037

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Mistake in Contracting by Bruce MacDougall Pdf

Author : John Cartwright
Publisher : Sweet & Maxwell
Page : 987 pages
File Size : 40,8 Mb
Release : 2012
Category : Law
ISBN : 9780414049550

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Misrepresentation, Mistake and Non-disclosure by John Cartwright Pdf

This book fully explains the role of Misrepresentation in Contract Law. It further expands on the role of Mistake and Non-disclosure in a contractual dispute and formally comments on the general duties of negotiating parties.

Author : Gareth Spark
Publisher : Cambridge University Press
Page : 355 pages
File Size : 52,7 Mb
Release : 2013-01-03
Category : Law
ISBN : 9781139620451

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Vitiation of Contracts by Gareth Spark Pdf

Vitiation of Contracts proposes a new theory to explain the rationale of general vitiating factors in English contract law. It provides a clear link to voluntariness as the foundation of contractual liability and compares the English position, in light of this theory, with the Principles of International Commercial Contracts (PICC), the Principles of European Contract Law (PECL), the Draft Common Frame of Reference (DCFR) and the US Restatement (Second) of Contracts.

Author : H. G. Beale
Publisher : Oxford University Press
Page : 172 pages
File Size : 49,5 Mb
Release : 2012-08-23
Category : Law
ISBN : 9780199593880

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Mistake and Non-Disclosure of Fact by H. G. Beale Pdf

English law, unlike in Europe and in the US, seldom gives relief when a party to a contract finds that she has entered the contract under a serious mistake about the subject matter or the facts. This book argues that small businesses suffer as a result, and proposes possible solutions, including adopting the proposed Common European Sales Law.

Author : Ruth Sefton-Green
Publisher : Cambridge University Press
Page : 462 pages
File Size : 53,6 Mb
Release : 2005-02-10
Category : Law
ISBN : 9781139442961

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Mistake, Fraud and Duties to Inform in European Contract Law by Ruth Sefton-Green Pdf

This 2005 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 recognise 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.

Author : Catharine MacMillan
Publisher : Bloomsbury Publishing
Page : 348 pages
File Size : 46,6 Mb
Release : 2010-01-15
Category : Law
ISBN : 9781847315533

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Mistakes in Contract Law by Catharine MacMillan Pdf

It is a matter of some difficulty for the English lawyer to predict the effect of a misapprehension upon the formation of a contract. The common law doctrine of mistake is a confused one, with contradictory theoretical underpinnings and seemingly irreconcilable cases. This book explains the common law doctrine through an examination of the historical development of the doctrine in English law. Beginning with an overview of contractual mistakes in Roman law, the book examines how theories of mistake were received at various points into English contract law from Roman and civil law sources. These transplants, made for pragmatic rather than principled reasons, combined in an uneasy manner with the pre-existing English contract law. The book also examines the substantive changes brought about in contractual mistake by the Judicature Act 1873 and the fusion of law and equity. Through its historical examination of mistake in contract law, the book provides not only insights into the nature of innovation and continuity within the common law but also the fate of legal transplants.

Author : George E. Palmer
Publisher : Unknown
Page : 136 pages
File Size : 55,9 Mb
Release : 1963
Category : Contracts
ISBN : STANFORD:36105044124134

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Mistake and Unjust Enrichment by George E. Palmer Pdf

Author : Hugh Beale QC FBA
Publisher : OUP Oxford
Page : 176 pages
File Size : 41,5 Mb
Release : 2012-08-23
Category : Law
ISBN : 9780191641916

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Mistake and Non-Disclosure of Fact by Hugh Beale QC FBA Pdf

In this book Hugh Beale examines the case for reforming the law on mistake and non-disclosure of fact to bring English law closer to the law in much of continental Europe. There, and in common law countries like the US, a party may avoid a contract for mistake of fact on a more liberal basis, and a party who deliberately keeps silent knowing that the other party is making a mistake may be guilty of fraud. This is not necessarily the case in England and Wales. Developing a proposal for law reform, the author concedes that the English courts require a law that puts great emphasis on certainty and expects parties to look out for their own interests; but posits that this individualistic approach is not suitable for smaller businesses which are less sophisticated and which are likely to be making low value contracts, so that relative cost of taking advice will be high. He argues that the solution may not be to reform English contract law generally, but to support the development of an optional instrument on contract law, along the lines of the Common European Sales Law recently proposed by the European Commission. This measure is aimed specifically at the needs of small and medium enterprises, and contains the protective rules found in the other jurisdictions. It is aimed primarily at cross-border sales, but Member States would be given the option of adopting it for domestic transactions too. This would give small businesses the choice of using the current "hard-nosed" law or adopting the more protective optional instrument, recognizing that different parties require different things from the law governing their contract.

Author : S. J. Stoljar
Publisher : Unknown
Page : 184 pages
File Size : 55,9 Mb
Release : 1968
Category : Law
ISBN : STANFORD:36105044123896

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Mistake and Misrepresentation by S. J. Stoljar Pdf

Comment on legislation and analysis of jurisprudence concerning liability in respect of mistake in writing letters of contract in commercial affairs and real estate business, with particular reference to the UK and some reference to relevant administration of justice in Australia and the USA - covers mistake in good faith, misrepresentation, misdescription, fraud, deceit, negligence, mistake in gift, pecuniary liability, etc. References.

Author : Edwin Corwin McKeag
Publisher : Hardpress Publishing
Page : 148 pages
File Size : 53,6 Mb
Release : 2012-08-01
Category : Electronic
ISBN : 1290956138

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Mistake in Contract; a Study in Comparative Jurisprudence by Edwin Corwin McKeag Pdf

Unlike some other reproductions of classic texts (1) We have not used OCR(Optical Character Recognition), as this leads to bad quality books with introduced typos. (2) In books where there are images such as portraits, maps, sketches etc We have endeavoured to keep the quality of these images, so they represent accurately the original artefact. Although occasionally there may be certain imperfections with these old texts, we feel they deserve to be made available for future generations to enjoy.

Author : John C. P. Goldberg,Henry E. Smith,P. G. Turner
Publisher : Cambridge University Press
Page : 483 pages
File Size : 54,9 Mb
Release : 2019-08
Category : Law
ISBN : 9781108421317

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Equity and Law by John C. P. Goldberg,Henry E. Smith,P. G. Turner Pdf

The fusion of law and equity in common law systems was a crucial moment in the development of the modern law. In this volume leading scholars assess the significance of the fusion of law and equity from comparative, doctrinal, historical and theoretical perspectives.

Author : Bruce MacDougall
Publisher : Unknown
Page : 128 pages
File Size : 49,6 Mb
Release : 2016-03
Category : Electronic
ISBN : 0433486678

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Misrepresentation by Bruce MacDougall Pdf

Author : Larry A. DiMatteo,Chen Lei
Publisher : Cambridge University Press
Page : 545 pages
File Size : 45,8 Mb
Release : 2017-10-26
Category : Law
ISBN : 9781107176324

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Chinese Contract Law by Larry A. DiMatteo,Chen Lei Pdf

A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.

Author : Lee Roach
Publisher : Oxford University Press, USA
Page : 939 pages
File Size : 53,6 Mb
Release : 2012-04-19
Category : Business & Economics
ISBN : 9780199698059

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Card & James' Business Law for Business, Accounting, & Finance Students by Lee Roach Pdf

With faultless accuracy, this text is the most detailed and analytical account of law for those new to the subject. It provides commanding analysis of the English legal system, contract law, the law of torts, company law, and employment law, as well as covering relevant aspects of the law of agency and environmental law. Online chapters provide further discussion relating to the economic torts, corporate governance, the sale of goods, consumer credit, and the law relating to unfair and illegal commercial practices. All of this is discussed using relevant examples from the business environment, and the key legal cases to help develop a greater understanding of the interconnections between the law and corporate setting. The new learning features have been incorporated throughout, making this difficult subject more accessible. Key case, examples, and discussion boxes demonstrate the application of law and highlight core principles, while self-test questions allow students to assess their progress. Online Resource Centre The accompanying Online Resource Centre provides a wealth of resources for students to further develop their understanding and test their knowledge, including additional practice questions with answers, a flashcard glossary of key legal terms and updates to the law via Twitter. This new edition also includes a testbank of MCQs for lecturer use.