Cases, Materials and Text on Contract Law

This is the third edition of the widely acclaimed and successful casebook on contract in the IusCommune series, developed to be used throughout Europe and beyond by anyone who teaches, learns or practises law with a comparative or European perspective. The book contains leading cases, legislation and other materials from English, French and German law as the main representatives of the legal traditions within Europe, as well as EU legislation and case law and extracts from the Principles of European Contract Law. Comparisons are also made to other international restatements such as the Vienna Sales Convention, the UNIDROIT Principles of International Commercial Contracts, the Draft Common Frame of Reference and so on. Materials are chosen and ordered so as to foster comparative study, complemented with annotations and comparative overviews prepared by a multinational team.The third edition includes many new developments at the EU level (including the ill-fated proposal for a Common European Sales Law and further developments linked to the digital single market) and in national laws, in particular the major reform of the French Code civil in 2016 and 2018, the UK's Consumer Rights Act 2015 and new cases.The principal subjects covered in this book include:An overview of EU legislation and of soft law principles, and their interrelation withnational lawThe distinctions between contract and property, tort and restitutionFormation and pre-contractual liabilityValidity, including duties of disclosureInterpretation and contents; performance and non-performanceRemediesSupervening eventsThird parties.

Second Edition: Contract Law: Ius Commune Casebooks for the Common Law of Europe, ISBN 9781841136042 (Hart Publishing, 2010).

PART 1INTRODUCTION1. GENERAL TRENDS IN MODERN CONTRACT LAW2. EUROPEAN UNION LAW ON CONTRACTS3. PRINCIPLES, SOFT LAW AND LEGISLATIVE PROPOSALS IN EUROPEAN CONTRACT LAW4. NATIONAL CONTRACT LAWS IN A EUROPEAN CONTEXT5. NOTIONS OF CONTRACT6. CONTRACT AND ADJOINING AREAS7. CATEGORISATION OF CONTRACTS ACCORDING TO PARTIESPART 2FORMATION8. OFFER AND ACCEPTANCE9. SUFFICIENCY OF AGREEMENT10. INTENTION TO CREATE LEGAL RELATIONS11. CAUSE AND CONSIDERATION12. FORMAL REQUIREMENTS13. PRECONTRACTUAL NEGOTIATIONSPART 3FRAUD, ABUSE, IMMORALITY14. FRAUD, MISTAKE AND MISREPRESENTATION15. THREATS16. ABUSE OF CIRCUMSTANCES17. IMMORAL AND ILLEGAL CONTRACTSPART 4CONTENT OF CONTRACTS18. INTERPRETATION19. THE OBLIGATIONS OF THE PARTIES: SALES AND SERVICES CONTRACTS20. SUPPLEMENTATION AND IMPLICATION OF TERMS21. UNFAIR CLAUSESPART 5REMEDIES FOR NON-PERFORMANCE22. THE RANGE OF REMEDIES FOR BREACH OF CONTRACT23. SPECIFIC PERFORMANCE24. WITHHOLDING PERFORMANCE25. TERMINATION26. DAMAGES27. REMEDIES FOR NON-CONFORMING GOODS AND SERVICESPART 6SUPERVENING EVENTS28. IMPOSSIBILITY OF PERFORMANCE29. HARDSHIP, IMPRÉVISION30. CLAUSES DEALING WITH SUPERVENING EVENTSPART 7THIRD PARTY CONSEQUENCES31. CONTRACTS FOR THE BENEFIT OF THIRD PARTIES32. AGENCY33. ASSIGNMENT