English | 2014 | ISBN: 1783478527, 9781783478521 | 288 Pages | PDF | 11.41 MB
‘With Contract Law: A Comparative Introduction, Jan Smits again demonstrates why he is one of the best and most creative scholars in the area of private law. Professor Smits is able to balance breadth and depth of coverage to produce a valuable introductory book, which helps fill a tremendous need and void in the literature. The book’s mission as a self-described academic textbook is served at the highest level of analysis and elucidation. Its use of a wide array of civil, common, and international sources makes it not only a great textbook, but a valuable piece of scholarship for novice and scholar alike.‘
– Larry Di Matteo, University of Florida, US
‘Contract Law: A Comparative Introduction may be recommended to beginners and advanced readers – both will find it very interesting and useful. Although the author discusses all relevant issues, the book remains very user-friendly as it explains all ideas in a comprehensive yet concise manner. Moreover, it is written in a clear and easily understandable language that is essential particularly for non English native speakers. Finally, the book is a first class textbook for any comparative contract law courses.‘
– Konrad Osajda, University of Warsaw, Studies & Analyses Office, Supreme Court of Poland
This innovative and accessible text offers a straightforward and clear introduction to the law of contract suitable for use across geographical boundaries.
Unlike most other texts – which tend either to introduce students to the national contract law of their own country, or else to offer global and comparative perspectives to advanced students already familiar with the basics – this book offers a unique introduction to contract law by means of a comparative approach. It 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.
Perfectly pitched for international students and courses with a global outlook, Contract Law: A Comparative Introduction puts contract law in context by discussing empirical and economic insights.
– Introduces key principles by comparing solutions from different jurisdictions
– Wide variety of sources including German, English, French and Dutch law, European and international instruments, and examples from Central and Eastern Europe and Islamic contract law
– Discusses economic and empirical approaches where appropriate
– Focus on legal method as well as substantive law
– Innovative design uses text boxes, color and graphics, making it an attractive tool for studying
Designed with undergraduate courses in mind, the book also offers an excellent introduction to the field for anyone else interested in contract law. The innovative approach and engaging design of the book make it ideally suited for studying contract law in an international way, as well as for courses on comparative contract law.
Contents: 1. Introduction 2. Sources of Contract Law 3. Offer and Acceptance 4. The Intention to Create Legal Relations 5. Legal Capacity of the Parties 6. Formalities 7. The Party Agreement: Interpretation and Gap Filling 8. The Principle of Good Faith and Policing Unfair Contract Terms 9. Defects of Consent and Misrepresentation 10. Prohibited Contracts 11. Performance 12. Damages for Non-Performance 13. Termination of the Contract Index