Vitiation of Contracts : International Contractual Principles and English Law


Gareth. Spark
Bok Engelsk 2013 · Electronic books.
Utgitt
Cambridge : Cambridge University Press , 2013
Omfang
1 online resource (356 p.)
Opplysninger
Description based upon print version of record.. - Contents; ACKNOWLEDGEMENTS; ABBREVIATIONS; TABLE OF CASES; TABLE OF STATUTES; 1 Introduction; 1.1 Key points and structure; 1.2 The general vitiating factors and the importance of understanding the rationale of vitiation; 1.3 The importance of comparative analysis; 1.4 Why analyse the PICC, PECL, DCFR and US Restatement (Second) of Contracts?; 1.5 Voluntariness and the desire to protect the integrity of contractual consent; 1.6 Absence and impairment of consent; voidness and voidability; 1.7 Absence of consent and the objective principle; impairment of consent and unacceptable conduct. - 1.8 Voidability as the universal consequence of vitiation?1.9 How the present law fits my central theory; 1.9.1 The first category; English law; The PICC, PECL and DCFR; The US Restatement (Second) of Contracts; 1.9.2 The second category; English law; The PICC, PECL and DCFR; The US Restatement (Second) of Contracts; 1.10 Conclusion; 2 Mental incapacity; 2.1 English Law; 2.1.1 Introduction; 2.1.2 The underlying rationale of vitiation; 2.1.3 Conclusion; 2.2 The US Restatement (Second) of Contracts; 2.2.1 Introduction; 2.2.2 The absence of consent. - 2.2.3 Knowledge/an additional factor to render the absence of consent operative3 Non est factum in English law; 3.1 Introduction; 3.2 The underlying rationale of vitiation; 3.3 The elements of non est factum; 3.3.1 Introduction; 3.3.2 Absence of consent: the requisite degree of difference; 3.3.3 Carelessness; 3.3.4 Weakness; 3.3.5 Trickery/unacceptable conduct; 3.4 Conclusion; 4 Common mistake in English law; 4.1 Introduction; 4.2 The underlying rationale of vitiation; 4.3 Res sua and res extincta; 4.4 Mistakes as to ""quality""; 4.5 The elements of common mistake; 4.6 Conclusion. - 5 Mistake as to identity in English law5.1 Introduction; 5.2 The underlying rationale of vitiation; 5.3 The rules of mistake as to identity; 5.3.1 The key principle: the importance of identity; 5.3.2 Three rules guiding application of the key principle; 5.3.3 Summary; 5.4 Conclusion; 6 Mistake as to terms in English law; 6.1 Introduction; 6.2 The elements of mistake as to terms; 6.3 Conclusion; 7 Mutual mistake in English law; 8 Mistake under the PICC, PECL, DCFR and US Restatement (Second) of Contracts; 8.1 The PICC, PECL and DCFR; 8.1.1 Introduction; 8.1.2 The absence of consent. - 8.1.3 The additional factors to render the absence of consent operativeActual or constructive knowledge of the absence of consent; Inducement of the absence of consent; An absence of consent from the defendant; 8.1.4 Carelessness; 8.2 The US Restatement (Second) of Contracts; 8.2.1 Introduction; 8.2.2 The absence of consent; 8.2.3 The additional factors to render the absence of consent operative; 8.2.4 Carelessness; 9 Misrepresentation; 9.1 English law; 9.1.1 Introduction; 9.1.2 The elements of misrepresentation; Ambiguity; False; Statement; Of fact; Addressed to the complainant. - Materiality and inducement. - Proposes a theoretical link between general vitiating factors in English law and compares this with international statements of contractual principle.
Emner
Sjanger
Dewey
ISBN
9781107031784

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