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Mistake and Non-Disclosure of Fact Hugh Beale QC FBA (Professor of Law, University of Warwick)

Mistake and Non-Disclosure of Fact By Hugh Beale QC FBA (Professor of Law, University of Warwick)

Mistake and Non-Disclosure of Fact by Hugh Beale QC FBA (Professor of Law, University of Warwick)


$37.99
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Summary

English law, unlike in Europe and in the US, seldom gives relief when a party to a contract finds that she has entered the contract under a serious mistake about the subject matter or the facts. This book argues that small businesses suffer as a result, and proposes possible solutions, including adopting the proposed Common European Sales Law.

Mistake and Non-Disclosure of Fact Summary

Mistake and Non-Disclosure of Fact: Models for English Contract Law by Hugh Beale QC FBA (Professor of Law, University of Warwick)

In this book Hugh Beale examines the case for reforming the law on mistake and non-disclosure of fact to bring English law closer to the law in much of continental Europe. There, and in common law countries like the US, a party may avoid a contract for mistake of fact on a more liberal basis, and a party who deliberately keeps silent knowing that the other party is making a mistake may be guilty of fraud. This is not necessarily the case in England and Wales. Developing a proposal for law reform, the author concedes that the English courts require a law that puts great emphasis on certainty and expects parties to look out for their own interests; but posits that this individualistic approach is not suitable for smaller businesses which are less sophisticated and which are likely to be making low value contracts, so that relative cost of taking advice will be high. He argues that the solution may not be to reform English contract law generally, but to support the development of an optional instrument on contract law, along the lines of the Common European Sales Law recently proposed by the European Commission. This measure is aimed specifically at the needs of small and medium enterprises, and contains the protective rules found in the other jurisdictions. It is aimed primarily at cross-border sales, but Member States would be given the option of adopting it for domestic transactions too. This would give small businesses the choice of using the current "hard-nosed" law or adopting the more protective optional instrument, recognizing that different parties require different things from the law governing their contract.

About Hugh Beale QC FBA (Professor of Law, University of Warwick)

Hugh Beale QC FBA is Professor of Law at the University of Warwick, and a Visiting Professor at the University of Amsterdam and the University of Oxford. He was a member of the Commission on European Contract Law from 1987-1999, and was a Law Commissioner for England and Wales with responsibility for the Commercial and Common Law Team from 2000-2007. An honorary QC, he is also the editor of Chitty on Contracts.

Table of Contents

I: DEFINING THE ISSUES ; Background: 'European' Principles of Contract Law ; Defining the Issue ; Real Differences between English and the 'European' Laws ; Conclusions ; II: MISTAKE AND NON-DISCLOSURE IN OTHER SYSTEMS ; Commonwealth Laws ; European Models ; United States ; What to Make of the Survey? ; III: POSSIBLE MODELS FOR ENGLISH LAW ; Models Not to Follow ; The Underlying Aim: Protection of Autonomy or Fairness in Exchange? ; A Plausible 'Informed Consent' Model ; Remedies ; A Provisional Proposal

Additional information

GOR013768872
9780199593880
0199593884
Mistake and Non-Disclosure of Fact: Models for English Contract Law by Hugh Beale QC FBA (Professor of Law, University of Warwick)
Used - Like New
Hardback
Oxford University Press
2012-08-23
172
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
The book has been read, but looks new. The book cover has no visible wear, and the dust jacket is included if applicable. No missing or damaged pages, no tears, possible very minimal creasing, no underlining or highlighting of text, and no writing in the margins

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