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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Contract law
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Mistake and Non-Disclosure of Fact - Models for English Contract Law (Hardcover)
Loot Price: R3,021
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Mistake and Non-Disclosure of Fact - Models for English Contract Law (Hardcover)
Series: Clarendon Law Lectures
Expected to ship within 12 - 17 working days
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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.
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