This 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.• Focuses on the way in which the law exhibits values in terms of legal results, rather than with the doctrines and concepts the law uses or its social results • Offers an original analysis of the European systems covered, rather than just providing a compilation of information on the various legal systems • Presents 12 carefully constructed hypothetical case-studies followed by the answers of 13 European jurisdictions to these case-studies

Mistake, Fraud and Duties to Inform in European Contract Law PDF

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