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Mistake, Fraud and Duties to Inform in European Contract Law (Paperback)
Loot Price: R1,936
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Mistake, Fraud and Duties to Inform in European Contract Law (Paperback)
Series: The Common Core of European Private Law
Expected to ship within 10 - 15 working days
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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.
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