Comparative Contract Law

This comprehensive Handbook offers a thoughtful survey of contract theories, issues and cases in order to reassess the field's present vision of contract law. It engages a critical search for the fault lines which cross traditions of thought and globalized landscapes. Comparative Contract Law is built around four main groups of insights, including: the genealogies of contractual theoretical thinking; the contentious relationship between private governance and normative regulations; the competing styles used to stage contract law; and the concurring opinions expressed within the domain of other disciplines, such as literature and political theory. The chapters in the book tease out the tensions between a global context and local frameworks as well as the movable thresholds between canonical expressions and heterodox constructions.

Promoting a ‘learning-by-doing’ approach to comparative contract law and comparative methodology, this updated second edition of Comparative Contract Law updates the first true student reader on the subject. Bringing together extracts from legislation and court practice this textbook lets students experience comparative law in action, and presents a unique guide to European and International contract law.

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.

As cross-border transactions expand in our contemporary global economy, the significance of comparative contract law is evermore apparent. In addition the role of lawyers in transactional counselling as well as dispute resolution has become increasingly prominent. Appreciation of the principal similarities and differences between the two major subdivisions of Common Law - the United States and the British Commonwealth - and Civil Law - French versus German law - has thus become imperative. Together with an original introduction by the editor this compilation of classic key papers by leading scholars endeavours to facilitate such appreciation and will prove an essential reference point for students, researchers and policymakers.

This innovative and accessible text offers a straightforward and clear introduction to the law of contract suitable for use across geographical boundaries. It introduces the key principles of contract law by comparing solutions from different jurisdictions and has an innovative design with text boxes, colour and graphics, making it a highly attractive tool for studying. This revised second edition has been updated to reflect the most recent changes in the law, including the French reform of the law of obligations and the new UK Consumer Rights Act. A whole new chapter on contracts and third parties has also been added.

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.

"This book comprises the collected and revised papers from a conference on comparative British and American contract law, held at the University of Edinburgh Law School in September 2013"--Preface.

Comparative Contract Law and Economics provides a deeper understanding of the similarities and differences between the legal systems of France, England, the US and Germany in terms of contract law. The application of the economically inspired optimal model rule as a uniform term of comparison provides valuable insights into the pre-contractual duties of disclosure, the phenomena of unforeseen contingencies and the unilateral termination of contracts. The objective evaluation method enriches traditional comparative contract law by enabling further qualitative assessment. The book offers ample opportunities for further research and for 'better' law making, legislation and jurisprudence. Moreover, it enables comparative contract law to offer clear-cut, objective recommendations on the possible improvements of legal rules or decisions. This well-documented book will appeal to postgraduate students and scholars of law and economics, and comparative law. Judges and law practitioners will also find much to interest them in this pioneering volume. Contents: 1. Introduction 2. Pre-contractual Duty to Disclose Information 3. Unforeseen Contingencies 4. Unilateral Termination 5. Summary and Conclusions References Index