Comparative Contract Law is the thoroughly revised fourth edition of a widely acclaimed and well-established textbook. It brings together extracts from legislation and court practice in case studies and promotes a ‘learning-by-doing’ approach to comparative methodology, enabling students to experience comparative law in action. The book acts as a practical guide for those seeking to familiarise themselves with real-world materials and to better understand the diverse approaches to modern contract law.Key Features:A comparative perspective on highly topical, real-life issues of contract lawMaterials from some 30 jurisdictions in both their original languages and high quality translationsStudents are able to solve scenarios according to the laws of different jurisdictions, to compare and evaluate the solutions and approaches they identify, and to better understand the diverse approaches to modern contract lawNEW! Full integration of the new Belgian Civil Code and information on small and medium-sized jurisdictions further diversified
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.’