Comparative Contract Law, Fourth Edition

Exercises in Comparative Methodology

Thomas Kadner Graziano (Autor)

Buch | Hardcover

786 Seiten

2025 | 4th edition
Edward Elgar Publishing Ltd (Verlag)
978-1-0353-4141-2 (ISBN)

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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 law
Materials from some 30 jurisdictions in both their original languages and high quality translations
Students 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 law
NEW! 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

Contents
Preface
PART A INTRODUCTION
1. Contract law in the 21st century – the purpose of this book
2. A case-oriented and multilateral approach to the teaching and studying of
comparative law: the approach used in this book
3. Is it legitimate and beneficial for judges to compare?
PART B CASE STUDIES
I. Formation of contracts
1. Offer or invitation to treat (invitatio ad offerendum)?
2. Conditions for the formation of a contract – agreement or more? (cause and
consideration)
3. Obligation to maintain an offer or freedom to revoke it?
4. Modification of contracts – the free will of the parties or limits on the
freedom to contract (consideration revisited)?
5. The battle of forms
II. Performance of contracts
6. 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 in
conformity with the contract
8. Contractual penalty clauses
9. Termination or alteration of a contract in the event of a fundamental
change of circumstances? (Clausula rebus sic stantibus or impr.vision)
10. Contracts and the transfer of ownership in movable property
III. The law applicable to cross-border contracts and the future of
European contract law
11. The law applicable to cross-border contracts (introduction)
12. The future of European contract law
Index

Erscheinungsdatum	14.05.2025
Verlagsort	Cheltenham
Sprache	englisch
Maße	169 x 244 mm
Themenwelt	Recht / Steuern ► Allgemeines / Lexika
	Recht / Steuern ► EU / Internationales Recht
	Recht / Steuern ► Privatrecht / Bürgerliches Recht
ISBN-10	1-0353-4141-7 / 1035341417
ISBN-13	978-1-0353-4141-2 / 9781035341412
Zustand	Neuware