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  3. Mistake, Fraud and Duties to Inform in European Contract Law
  • Cited by 12
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    • Publisher:
      Cambridge University Press
      Publication date:
      August 2009
      February 2005
      ISBN:
      9780511495052
      9780521844239
      9780521093101
      DOI:
      https://doi.org/10.1017/CBO9780511495052
      Dimensions:
      (228 x 152 mm)
      Weight & Pages:
      0.84kg, 462 Pages
      Dimensions:
      (228 x 152 mm)
      Weight & Pages:
      0.68kg, 464 Pages
      • Subjects:
      European Law, Law, Comparative Law, Private Law
      Series:
      The Common Core of European Private Law
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    • Selected: Digital
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    Subjects:
    European Law, Law, Comparative Law, Private Law
    Series:
    The Common Core of European Private Law
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    Book description

    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.

    Reviews

    Review of the hardback:‘ … the volume on mistake, fraud and duties to inform in European contract law is a pleasant book to read … All this, together with a detailed comparative conclusion by the editor of the volume, Ruth Sefton-Green, makes this book the authority in the field.’

    Source: Maastricht Journal of European and Comparative Law

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