Comparative Law in Practice: Contract Law in a Mid-Channel by Duncan Fairgrieve

By Duncan Fairgrieve

This e-book offers a comparative research of agreement legislation, reading the interplay of universal legislations and civil legislations ways to agreement legislation. Drawing greatly upon English, French and ecu legislations, the booklet explores how the legislations of agreement of Jersey, Channel Islands, has been stimulated via either civil legislation and customary legislation assets. it's argued that this jurisdiction is a remarkable instance of comparative legislations in motion, on condition that Jersey agreement legislations is made of a mix of universal legislation and civil legislations methods. Jersey legislation is premised upon a subjective method of contracts, during which civil legislation thoughts corresponding to reason (rather than attention) and vices de consentement are the foundational features, yet is still hugely inspired by means of the typical legislations in components equivalent to treatments (damages, termination, etc).

The publication analyses a sequence of key concerns from a comparative and ecu point of view, together with the rules underlying agreement legislation (comparing and contrasting civil and customary legislation approaches), the formation of agreement, requisites of reciprocity (cause vs consideration), the constitution and procedure of precontractual legal responsibility, the function of fine religion in a combined approach, the structure of treatments, and more.

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