Comparative Contract Law, Fourth Edition

Comparative Contract Law, Fourth Edition

Exercises in Comparative Methodology

Kadner Graziano, Thomas

Edward Elgar Publishing Ltd

01/2025

784

Mole

9781035341436

Pré-lançamento - envio 15 a 20 dias após a sua edição

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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
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Comparative Law; Comparative Contract Law; Comparative Methodology; Teaching Comparative Law