Comparative Law in Practice: Contract Law in a Mid-Channel Jurisdiction (Hart Studies in Private Law) - Hardcover

Duncan Fairgrieve

Hardcover

ISBN 10: 1782257217 ISBN 13: 9781782257219

Publisher: Hart Publishing, 2016

Synopsis

This book provides a comparative study of contract law, examining the interaction of common law and civil law approaches to contract law. Drawing extensively upon English, French and European law, the book explores how the law of contract of Jersey, Channel Islands, has been influenced by both civil law and common law sources. It is argued that this jurisdiction is a striking example of comparative law in action, given that Jersey contract law is made up of a blend of common law and civil law approaches. Jersey law is premised upon a subjective approach to contracts, in which civil law concepts such as cause (rather than consideration) and vices de consentement are the foundational aspects, but is nonetheless highly influenced by the common law in areas such as remedies (damages, termination, etc). The book analyses a series of key issues from a comparative and European perspective, including the principles underlying contract law (comparing and contrasting civil and common law approaches), the formation of contract, requirements of reciprocity (cause vs consideration), the structure and approach of precontractual liability, the role of good faith in a mixed system, the architecture of remedies, and more.

About this title

About the Author

Duncan Fairgrieve is Senior Research Fellow in Comparative Law at the British Institute of International and Comparative Law and Professeur Associe at Universite Paris Dauphine PSL, France.

Edition details

• Publisher: Hart Publishing
• Publication date: 2016
• ISBN 10: 1782257217
• ISBN 13: 9781782257219
• Binding: Hardcover
• Language: English
• Number of pages: 208