Comparative Contract Law, Fourth Edition

Thomas Kadner Graziano, Professor, University of Geneva, Switzerland and Director, Department of Private International Law and Programme on Transnational Law

• ContentsPreface PART A INTRODUCTION1. Contract law in the 21st century – the purpose of this book 2. A case-oriented and multilateral approach to the teaching and studying ofcomparative law: the approach used in this book 3. Is it legitimate and beneficial for judges to compare? PART B CASE STUDIESI. Formation of contracts1. Offer or invitation to treat (invitatio ad offerendum)?2. Conditions for the formation of a contract – agreement or more? (cause andconsideration)3. Obligation to maintain an offer or freedom to revoke it?4. Modification of contracts – the free will of the parties or limits on thefreedom to contract (consideration revisited)?5. The battle of formsII. Performance of contracts6. A right to performance of the contract or only a right to damages?7. Damages and the role of fault in the event of delivery of goods not inconformity with the contract8. Contractual penalty clauses9. Termination or alteration of a contract in the event of a fundamentalchange of circumstances? (Clausula rebus sic stantibus or impr.vision)10. Contracts and the transfer of ownership in movable propertyIII. The law applicable to cross-border contracts and the future ofEuropean contract law11. The law applicable to cross-border contracts (introduction)12. The future of European contract lawIndex

‘Reading this edition has been both intellectually rewarding and practically useful. It updates earlier material, thus strengthening the book’s reputation as an excellent resource to use in comparative law. The author’s approach of “learning-by-doing” really does make complex issues more approachable.’