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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Contract law
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Comparative Law in Practice - Contract Law in a Mid-Channel Jurisdiction (Paperback)
Loot Price: R1,115
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Comparative Law in Practice - Contract Law in a Mid-Channel Jurisdiction (Paperback)
Series: Hart Studies in Private Law
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This book provides a comparative study of contract law, examining
the interaction of common law and civil law approaches to contract
law. Drawing extensively upon English, French and European law, the
book explores how the law of contract of Jersey, Channel Islands,
has been influenced by both civil law and common law sources. It is
argued that this jurisdiction is a striking example of comparative
law in action, given that Jersey contract law is made up of a blend
of common law and civil law approaches. Jersey law is premised upon
a subjective approach to contracts, in which civil law concepts
such as cause (rather than consideration) and vices de consentement
are the foundational aspects, but is nonetheless highly influenced
by the common law in areas such as remedies (damages, termination,
etc). The book analyses a series of key issues from a comparative
and European perspective, including the principles underlying
contract law (comparing and contrasting civil and common law
approaches), the formation of contract, requirements of reciprocity
(cause vs consideration), the structure and approach of
precontractual liability, the role of good faith in a mixed system,
the architecture of remedies, and more.
General
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