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Mistake In Contract
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Book Synopsis Mistake in Contract by : Edwin Corwin McKeag
Download or read book Mistake in Contract written by Edwin Corwin McKeag and published by The Lawbook Exchange, Ltd.. This book was released on 2003 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: McKeag, Edwin C. Mistake in Contract: A Study in Comparative Jurisprudence. New York: Columbia University Press, 1905. 132 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. LCCN 2002072856. ISBN 1-58477-276-X. Cloth. $60. * In contract law there are two types of mistake as determined by Savigny. The first, echt, represents those cases in which consent exists, but the contract is impeachable due to the determination of mistake. This work examines the second class of mistake in contract, unecht, "...in which real consent is lacking, resulting in the nullity of the contract, while the mistake is an accompanying feature" (Preface). This class of mistake is traced from Roman law to common law and modern civil law. Originally published as Volume XXIII, Number 2 in Columbia's series, Studies in History, Economics and Public Law.
Book Synopsis Mistake in Contracting by : Bruce MacDougall
Download or read book Mistake in Contracting written by Bruce MacDougall and published by . This book was released on 2018-05 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Misrepresentation, Mistake and Non-disclosure by : John Cartwright
Download or read book Misrepresentation, Mistake and Non-disclosure written by John Cartwright and published by Sweet & Maxwell. This book was released on 2012 with total page 987 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book fully explains the role of Misrepresentation in Contract Law. It further expands on the role of Mistake and Non-disclosure in a contractual dispute and formally comments on the general duties of negotiating parties.
Book Synopsis Mistakes in Contract Law by : Catharine MacMillan
Download or read book Mistakes in Contract Law written by Catharine MacMillan and published by Bloomsbury Publishing. This book was released on 2010-01-15 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is a matter of some difficulty for the English lawyer to predict the effect of a misapprehension upon the formation of a contract. The common law doctrine of mistake is a confused one, with contradictory theoretical underpinnings and seemingly irreconcilable cases. This book explains the common law doctrine through an examination of the historical development of the doctrine in English law. Beginning with an overview of contractual mistakes in Roman law, the book examines how theories of mistake were received at various points into English contract law from Roman and civil law sources. These transplants, made for pragmatic rather than principled reasons, combined in an uneasy manner with the pre-existing English contract law. The book also examines the substantive changes brought about in contractual mistake by the Judicature Act 1873 and the fusion of law and equity. Through its historical examination of mistake in contract law, the book provides not only insights into the nature of innovation and continuity within the common law but also the fate of legal transplants.
Book Synopsis Mistake, Fraud and Duties to Inform in European Contract Law by : Ruth Sefton-Green
Download or read book Mistake, Fraud and Duties to Inform in European Contract Law written by Ruth Sefton-Green and published by Cambridge University Press. This book was released on 2005-02-10 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Mistake and Unjust Enrichment by : George E. Palmer
Download or read book Mistake and Unjust Enrichment written by George E. Palmer and published by . This book was released on 1963 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Mutual and Unilateral Mistake in Contract Law by : Ian Ayres
Download or read book Mutual and Unilateral Mistake in Contract Law written by Ian Ayres and published by . This book was released on 1992 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Misrepresentation, Mistake and Non-disclosure by : John Cartwright
Download or read book Misrepresentation, Mistake and Non-disclosure written by John Cartwright and published by Sweet & Maxwell. This book was released on 2012 with total page 987 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book fully explains the role of Misrepresentation in Contract Law. It further expands on the role of Mistake and Non-disclosure in a contractual dispute and formally comments on the general duties of negotiating parties.
Book Synopsis Vitiation of Contracts by : Gareth Spark
Download or read book Vitiation of Contracts written by Gareth Spark and published by Cambridge University Press. This book was released on 2013-01-03 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Vitiation of Contracts proposes a new theory to explain the rationale of general vitiating factors in English contract law. It provides a clear link to voluntariness as the foundation of contractual liability and compares the English position, in light of this theory, with the Principles of International Commercial Contracts (PICC), the Principles of European Contract Law (PECL), the Draft Common Frame of Reference (DCFR) and the US Restatement (Second) of Contracts.
Book Synopsis Mistake in Contract by : Edwin Corwin McKeag
Download or read book Mistake in Contract written by Edwin Corwin McKeag and published by . This book was released on 1905 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Mistake and Non-Disclosure of Fact by : H. G. Beale
Download or read book Mistake and Non-Disclosure of Fact written by H. G. Beale and published by Oxford University Press. This book was released on 2012-08-23 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Mistake and Non-Disclosure of Fact by : Hugh Beale QC FBA
Download or read book Mistake and Non-Disclosure of Fact written by Hugh Beale QC FBA and published by OUP Oxford. This book was released on 2012-08-23 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Equity and Law by : John C. P. Goldberg
Download or read book Equity and Law written by John C. P. Goldberg and published by Cambridge University Press. This book was released on 2019-08 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fusion of law and equity in common law systems was a crucial moment in the development of the modern law. In this volume leading scholars assess the significance of the fusion of law and equity from comparative, doctrinal, historical and theoretical perspectives.
Book Synopsis Mistake and Misrepresentation by : S. J. Stoljar
Download or read book Mistake and Misrepresentation written by S. J. Stoljar and published by . This book was released on 1968 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comment on legislation and analysis of jurisprudence concerning liability in respect of mistake in writing letters of contract in commercial affairs and real estate business, with particular reference to the UK and some reference to relevant administration of justice in Australia and the USA - covers mistake in good faith, misrepresentation, misdescription, fraud, deceit, negligence, mistake in gift, pecuniary liability, etc. References.
Book Synopsis MISTAKE IN CONTRACT by : E. C. MACKEAG
Download or read book MISTAKE IN CONTRACT written by E. C. MACKEAG and published by . This book was released on 1968 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Mistake in Contract; a Study in Comparative Jurisprudence by : Edwin Corwin McKeag
Download or read book Mistake in Contract; a Study in Comparative Jurisprudence written by Edwin Corwin McKeag and published by Hardpress Publishing. This book was released on 2012-08-01 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike some other reproductions of classic texts (1) We have not used OCR(Optical Character Recognition), as this leads to bad quality books with introduced typos. (2) In books where there are images such as portraits, maps, sketches etc We have endeavoured to keep the quality of these images, so they represent accurately the original artefact. Although occasionally there may be certain imperfections with these old texts, we feel they deserve to be made available for future generations to enjoy.
Book Synopsis The Nature of the Common Law by : Melvin Aron Eisenberg
Download or read book The Nature of the Common Law written by Melvin Aron Eisenberg and published by Harvard University Press. This book was released on 1991-10 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Common law rules predominate in some areas of law, such as torts and contracts, and are extremely important in other areas, such as corporations. Nevertheless, it has been unclear what principles courts use—or should use—in establishing common law rules. In this lucid book, Melvin Eisenberg develops the principles that govern this process.
