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This book explores a range of comparative issues in, and in the
relationship between, property law and contract law in English and
Spanish law. It also draws on other jurisdictions. The purpose is
to give readers access to discussions of these areas of private law
that are not easily accessible elsewhere. It goes further, however,
than simply setting out similarities and differences: it provides
an insightful analysis of key points of interest in the comparison
of the legal systems discussed.
The provisions of the French Civil Code governing the law of
obligations have remained largely unchanged since 1804 and have
served as the model for civil codes across the world. In 2016, the
French Government effected major reforms of the provisions on the
law of contract, the general regime of obligations and proof of
obligations. This work explores in detail the most interesting new
provisions on French contract law in a series of essays by French
lawyers and comparative lawyers working on French law and other
civil law systems. It will make these fundamental reforms
accessible to an English-speaking audience.
Originally published in 1987. Leaders of NATO countries are
continually faced with the need for highly accurate information on
complex issues such as arms control, nuclear strategy, electronic
warfare, ABM compliance, SDI, terrorism, economic cooperation,
East-West relations, and diverging public opinion. To provide
ongoing analysis of these issues, the North Atlantic Assembly
conducts extensive research, fact-finding missions, and interviews
with high-level government experts. Committees then analyze the
data and meet annually to present the results. The studies in this
volume, which were presented to the 1986 annual session of NATO
legislators, focus on the state of the Alliance. This collection
provides a comprehensive evaluation of political developments
within the Alliance, probes fundamental controversies underlying
Alliance security, and sheds light on the aggregate of concerns
surrounding the direction of arms control negotiations and the
state of NATO's nuclear strategy. The book includes an appendix
containing the policy recommendations that the Assembly has adopted
and forwarded to the secretary general of NATO and heads of
Alliance governments.
Our experience of the world is driven by processes common to all
animals: growth, survival, reproduction and death. Evolution and
Human Behaviour explores the complexities of the human experience
through the lens of Darwinism, drawing on a long and vibrant
tradition of different theories and interpretations. This textbook
offers a compelling synthesis of key concepts, addressing human
thought, feeling and behaviour in fundamental evolutionary terms.
This is a essential text for undergraduate students taking courses
in psychology, human biology, ethology, anthropology and human
behavioural ecology, providing an insightful and comprehensive
introduction for anyone who wishes to understand how human
behaviour has evolved. New to this Edition: - Additional chapters
on health and disease, homosexuality, the nature of adaptations and
life history theory. - Includes brand-new material on epigenetics,
patterns of crime, error management theory, moral foundations
theory, religion and gene culture co-evolution. - Now accompanied
by a companion website offering additional reading material and
useful practice questions - New 'controversy' boxes in each
chapter, providing ideas for essay topics and classroom discussion
Originally published in 1987. Leaders of NATO countries are
continually faced with the need for highly accurate information on
complex issues such as arms control, nuclear strategy, electronic
warfare, ABM compliance, SDI, terrorism, economic cooperation,
East-West relations, and diverging public opinion. To provide
ongoing analysis of these issues, the North Atlantic Assembly
conducts extensive research, fact-finding missions, and interviews
with high-level government experts. Committees then analyze the
data and meet annually to present the results. The studies in this
volume, which were presented to the 1986 annual session of NATO
legislators, focus on the state of the Alliance. This collection
provides a comprehensive evaluation of political developments
within the Alliance, probes fundamental controversies underlying
Alliance security, and sheds light on the aggregate of concerns
surrounding the direction of arms control negotiations and the
state of NATO's nuclear strategy. The book includes an appendix
containing the policy recommendations that the Assembly has adopted
and forwarded to the secretary general of NATO and heads of
Alliance governments.
The fourth edition of this acclaimed textbook addresses the
developments in English contract law since the last edition,
including the impact of the withdrawal of the UK from the European
Union, and new case law on the role of good faith, the doctrine of
consideration, rectification of written contracts for mistake,
economic duress, illegality, contractual interpretation, and
damages for breach of contract. The book introduces the lawyer
trained in a civil law jurisdiction to the method of reasoning in
the common law, and in particular to the English law of contract.
It is written for the lawyer - whether student or practitioner -
from another jurisdiction who already has an understanding of a
(different) law of contract, but who wishes to discover the way in
which an English lawyer views a contract. However, it is also
useful for the English law student: setting English contract law
generally in the context of other European and international
approaches, the book forms an introductory text, not only
demonstrating how English contract law works but also giving a
glimpse of different ways of thinking about some of the fundamental
rules of contract law from a civil law perspective. After a general
introduction to the common law system - how a common lawyer reasons
and finds the law - the book explains the principles of the law of
contract in English law covering all the aspects of a contract from
its formation to the remedies available for breach, whilst
directing attention in particular to those areas where the approach
of English law is in marked contrast to that taken in many civil
law systems.
The 2005 Avant-projet de reforme du droit des obligations et de la
prescription, also dubbed the Avant-projet Catala, suggests the
most far-reaching reform of the French Civil code since it came
into force in 1804. It reviews central aspects of contract law, the
law of delict and the law of unjustified enrichment. There is
currently a very lively debate in France as to the merits or the
demerits of both the particular draft provisions and the general
idea of recodification as such. This volume is the first
publication to introduce the reform proposals to an English
speaking audience. It contains the official English translation of
the text, and distinguished private lawyers from both England and
France analyse and assess particularly interesting aspects of the
substantive draft provisions in a comparative perspective. Topics
covered include negotiation and renegotiation of contracts, la
cause, the enforcement of contractual obligations, termination of
contract and its consequences, the effects of contracts on third
parties, the definition of la faute, the quantification of damages,
and the law of prescription. The volume also contains an overall
assessment of the draft provisions by one of the most senior French
judges who chaired the Working Party on the Avant-projet,
established by the French Supreme Court, the Cour de cassation. The
book is indispensable for comparative private lawyers and lawyers
with a particular interest in French law. It is also of use to all
private lawyers (both academics and practitioners) looking for
information on recent international and European trends in contract
and tort.
This volume analyses thirteen cases, from the perspective of
sixteen national European legal systems, in order to explore the
legal nature of the precontractual phase and the liability which
may follow a break-off of precontractual negotiations. The
precontractual phase is difficult to characterise and analyse in
either legal or practical terms. The negotiating parties have begun
their journey together, but they are not yet in the relationship -
the contract - which is their aim. The negotiations may fail after
a lengthy period in which either party may have incurred
significant expenses and invested time and effort. The break-off of
the negotiations may come as a shock to one party where the
negotiations were far advanced, or at least where there was nothing
to suggest that they were not likely to lead to their fruition in
the contract. The disappointed party is therefore likely to seek a
remedy.
This title explains in detail the doctrines of misrepresentation,
mistake and non-disclosure as they affect the validity of
contracts. It analyses the consequences of each, focusing in
particular on the remedies available to parties in each case. MAIN
FEATURES Provides detailed guidance on how to tackle questions
relating to misrepresentation, mistake and non-disclosure, whether
at the stage of drafting contracts, or in resolving disputes over
contracts affected by these issues. In distinct sections, focuses
on the nature of the defects in the formation of the contract as a
result of misrepresentation, mistake and non-disclosure, and offers
practical solutions. Covers the common elements required for a
claim of misrepresentation, including the statement of fact, the
representor's state of mind, reliance and causation; exclusion and
limitation of liability, and practice and procedure. *Details the
remedies available in cases of misrepresentation and the
requirements for each remedy: rescission of the contract; liability
in tort (deceit and negligence); statutory liability; breach of
contract. Covers the different types of mistake that can affect the
validity of a contract and the available remedies. Explains the
(exceptional) circumstances in which a party has a duty of
disclosure in negotiating a contract, and the remedies for breach
of the duty. NEW TO THIS EDITION Takes into account all the major
developments in case law in these areas, including decisions of:
The Supreme Court in Singularis Holdings Ltd v Daiwa Capital
Markets Europe Ltd (2019: defence of illegality and attribution of
director's fraud to company); Test Claimants in the FII Group
Litigation v Revenue and Customs Commissioners (2020: mistake of
law and limitation); Grondona v Stoffel & Co (2020: defence of
illegality); Marex Financial Ltd v Sevilleja (2020: "reflective
loss"); Manchester Building Society v Grant Thornton UK LLP and
Meadows v Khan (2021: negligence, including scope of duty of care);
Triple Point Technology Inc v PTT Public Co Ltd (2021: exclusion
clauses); The Court of Appeal in Glossop Cartons and Print Ltd v
Contact (Print and Packaging) Ltd (2021: measure of damages in
deceit); IGE USA Investments Ltd v Revenue and Customs
Commissioners (2021: rescission for misrepresentation and
application of the Limitation Act 1980 by analogy to bar
rescission); Manek v IIFL Wealth (UK) Ltd (2021: deceit); Tuke v
Hood (2022: deceit); SK Shipping Europe plc v Capital VLCC 3 Corp
(2022: implied representation and rescission); and The High Court
in Vald Nielsen Holding A/S v Baldorino (2019: deceit); SK Shipping
Europe Plc v Capital VLCC 3 Corp (2020: affirmation;
Misrepresentation Act 1967 s.2(2)); Elston v King (2020: mistake);
Leeds City Council v Barclays Bank plc (2021: misrepresentation and
reliance; affirmation as a bar to rescission); Wiggin Osborne
Fullerlove v Bond (2021: implied representations);
Skatteforvaltningen (the Danish Customs and Tax Administration) v
Solo Capital Partners LLP (2021: costs in action based on fraud);
PCP Capital Partners LLP v Barclays Bank (2021: costs in action
based on fraud); McFarland-Cruickshanks v England Kerr Hands
Solicitors Ltd (2021) and McClean v Thornhill (2022: scope of
barrister's duty of care); Pisante v Logothetis (2022; deceit); and
Abu Dhabi Commercial Bank PJSC v Shetty (2022: operation of Statute
of Frauds Amendment Act 1828).
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