Mistake In Contract A Study In Comparative Jurisprudence

Author : Edwin Corwin McKeag
Publisher : The Lawbook Exchange, Ltd.
Page : 132 pages
File Size : 47,6 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 : Edwin Corwin McKeag
Publisher : Hardpress Publishing
Page : 148 pages
File Size : 44,6 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 : E. C. MACKEAG
Publisher : Unknown
Page : 128 pages
File Size : 55,5 Mb
Release : 1968
Category : Electronic
ISBN : OCLC:963597646

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MISTAKE IN CONTRACT by E. C. MACKEAG Pdf

Author : Edwin C. McKeag
Publisher : Forgotten Books
Page : 138 pages
File Size : 51,5 Mb
Release : 2016-12-18
Category : Law
ISBN : 133468586X

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Mistake in Contract by Edwin C. McKeag Pdf

Excerpt from Mistake in Contract: A Study in Comparative Jurisprudence Cases in which lack of correspondence is essential Mistake as to the nature of the transaction Mistake as to the identity of the person Mistake as to the thing Mistake in substantia part II modern european law chapter I. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Author : Edwin C. McKeag
Publisher : Unknown
Page : 128 pages
File Size : 48,5 Mb
Release : 1905
Category : Electronic
ISBN : OCLC:1197942937

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Mistake in Contract$dA Study in Comparative Jurisprudence by Edwin C. McKeag Pdf

Author : Edwin C. McKeag
Publisher : Unknown
Page : 144 pages
File Size : 46,8 Mb
Release : 2017-08-31
Category : History
ISBN : 0649478290

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Mistake in Contract by Edwin C. McKeag Pdf

Author : Duncan Fairgrieve
Publisher : Bloomsbury Publishing
Page : 208 pages
File Size : 42,6 Mb
Release : 2016-10-20
Category : Law
ISBN : 9781782257226

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Comparative Law in Practice by Duncan Fairgrieve Pdf

This book provides a comparative study of contract law, examining the interaction of common law and civil law approaches to contract law. Drawing extensively upon English, French and European law, the book explores how the law of contract of Jersey, Channel Islands, has been influenced by both civil law and common law sources. It is argued that this jurisdiction is a striking example of comparative law in action, given that Jersey contract law is made up of a blend of common law and civil law approaches. Jersey law is premised upon a subjective approach to contracts, in which civil law concepts such as cause (rather than consideration) and vices de consentement are the foundational aspects, but is nonetheless highly influenced by the common law in areas such as remedies (damages, termination, etc). The book analyses a series of key issues from a comparative and European perspective, including the principles underlying contract law (comparing and contrasting civil and common law approaches), the formation of contract, requirements of reciprocity (cause vs consideration), the structure and approach of precontractual liability, the role of good faith in a mixed system, the architecture of remedies, and more.

Author : Jan M. Smits
Publisher : Edward Elgar Publishing
Page : 283 pages
File Size : 47,5 Mb
Release : 2021-06-25
Category : Law
ISBN : 9781800373112

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Contract Law by Jan M. Smits Pdf

Reflecting the most recent changes in the law, the third edition of this popular textbook provides a fully updated, comparative introduction to the law of contract. Accessible and clear, it is perfectly pitched for international students and courses with a global outlook. Jan Smits’ unique approach treats contract law as a discipline that can be studied on the basis of common principles and methods without being tied to a particular jurisdiction or legal culture. Notable updates include the consequences of Brexit, the implementation of new European directives 1999/770 and 2019/771 as well as coverage of the effect of COVID-19 on contracts.

Author : H. G. Beale
Publisher : Oxford University Press
Page : 172 pages
File Size : 55,5 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 : 54,7 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 : Turkhan Ismayilzada
Publisher : Springer Nature
Page : 221 pages
File Size : 54,7 Mb
Release : 2024-07-02
Category : Electronic
ISBN : 9783031619991

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A Framework for AI-Made Mistakes in German and English Contract Law by Turkhan Ismayilzada Pdf

Author : Nili Cohen,Ewan McKendrick
Publisher : Hart Publishing
Page : 369 pages
File Size : 46,5 Mb
Release : 2005
Category : Law
ISBN : 9781841134536

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Comparative Remedies for Breach of Contract by Nili Cohen,Ewan McKendrick Pdf

The book provides a comparative analysis of the law relating to remedies for breach of contract from the viewpoint of various legal systems.

Author : Catharine MacMillan
Publisher : Bloomsbury Publishing
Page : 348 pages
File Size : 53,9 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 : Ermanno Calzolaio
Publisher : Routledge
Page : 207 pages
File Size : 43,7 Mb
Release : 2022-01-31
Category : Law
ISBN : 9781000522150

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Comparative Contract Law by Ermanno Calzolaio Pdf

National legal systems have their own principles and rules on contract law. The trans-nationalization of trade and legal practice involves acting in the context of legal diversity. This book provides an introductory overview of the main issues of contract law from a comparative perspective, focusing on the legal traditions of civil law and common law. Featuring short theoretical overviews, followed by cases selected from various jurisdictions, the book shows the concrete application of the principles and rules involved. Civil law and common law represent two different models of dealing with contract law issues. The book focuses on the French, German, and Italian experiences and on the English legal system, the latter being the main source of inspiration for other common law countries, with some significant exceptions. Topics covered include the structure of contract law and the rules about its formation and interpretation, the role of pre-contractual negotiations, the consequences of mistakes, and breach and supervening events (including the impact of the Covid-19 pandemic). Readers will learn about common problems that are faced when contracting with parties coming from different jurisdictions, whilst also acquiring a deeper understanding of the approach of their own legal system. This book will be key reading for undergraduate and postgraduate students of comparative contract law, and contract law more generally.

Author : Yuliya Chernykh
Publisher : BRILL
Page : 629 pages
File Size : 51,6 Mb
Release : 2022-01-17
Category : Law
ISBN : 9789004414709

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Contract Interpretation in Investment Treaty Arbitration by Yuliya Chernykh Pdf

Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.