By Sefton-Green R., Bussani M.
This exam of twelve case stories approximately mistake, fraud and tasks to notify unearths major modifications approximately how agreement legislations works in 13 ecu criminal platforms and, even though the strategies proposed are usually related, what divergent values underlie the felony principles. while a few jurisdictions recognize expanding tasks to notify in different contracts in order that the future of mistake and fraud (classical defects of consent) might sound to be doubtful, different jurisdictions proceed to refuse such tasks as a normal rule or fail to recognize the necessity to defend one of many events the place there's an imbalance in bargaining strength or info. fending off preconceptions as to the place and why those variations exist, this booklet first examines the historic origins and improvement of defects of consent, then considers the problems from a comparative and demanding standpoint.• makes a speciality of the way the legislation shows values when it comes to felony effects, instead of with the doctrines and ideas the legislations makes use of or its social effects • bargains an unique research of the eu structures coated, instead of simply supplying a compilation of knowledge at the a variety of felony structures • provides 12 rigorously developed hypothetical case-studies by way of the solutions of thirteen eu jurisdictions to those case-studies
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Additional info for Mistake, Fraud and Duties to Inform in European Contract Law
And is treated harshly by the law. However, a duty to inform is often imposed for the very purpose of protecting one of the contracting parties -- from the other party’s position of superiority, whether in terms of bargaining power, knowledge etc. (for an example, see Case 2). Secondly, a related reason for suggesting that the aim of a duty to inform is protective is deduced from the types of behaviour it covers. The duty to inform goes further than fraud since it covers not only fraudulent behaviour (whether active or passive) but also negligent behaviour (for an example, see Case 3).
Dir. proc. civ TR Corte di cassation sezione civile Diritto del lavoro Foro italiano Foro padano Giurisprudenza italiana Giustizia civile Giurisprudenza di merito Nuova giurisprudenza civile commentata Rivista critica di diritto privato Rivista di diritto civile Rivista di diritto commerciale Rivista di diritto del lavaro Rivista trimestrale di diritto e procedura civile Temi Romani The Netherlands AA Ars Aequi list of abbreviations Asser/Hartkamp II (2001) Asser/Hijma 5-I (2001) Asser/Clausing/Wansink, (1998) Bakels/Asscher-Vonk/Fase (2000) BW HR MJ NJ NJB NTBR RvdW WPNR xliii A.
495, p. 459. Ibbetson, A Historical Introduction to the Law of Obligations, p. 226. P. S. Atiyah, The Rise and Fall of Freedom of Contract (Oxford, 1979). Gordley, The Philosophical Origins of Modern Contract, pp. 186--7. general introduction 7 between mistakes as to substance and as to qualities substantielles30 but more crucial is the fact that mistake became embedded in the will theory in which overriding value is given to the protection of consent and the subjective intention of the parties.