Release on 2000-01-01 | by Commission on European Contract Law
Parts I and II
Author: Commission on European Contract Law
Pubpsher: Kluwer Law International B.V.
This text provides a comprehensive guide to the principles of European contract law. They have been drawn up by an independent body of experts from each Member State of the EU, under a project supported by the European Commission and many other organizations. The principles are stated in the form of articles, with a detailed commentary explaining the purpose and operation of each article and its relation to the remainder. Each article also has extensive comparative notes surveying the national laws and other international provisions on the topic.
The eight edition of this bestselling Irish Contract Law text includes a number of important, and landmark, legislative changes that have taken place since the last edition, for example the Assisted Decision-Making (Capacity) Act from late 2015 and many more. Also included in this edition are developments in case law from Irish jurisdictions as well as England and Wales and elsewhere in the Commonwealth. The important doctrinal shifts marked in the previous edition on the convergence of principles that govern Judicial Review in public law and their influence over performance of private law obligations has continued to mark the emergence of good faith standards in the interpretation of promises that, at first, look to be void for uncertainty. There have been similar developments on good faith in regard to the performance of contracts. Changes in the fortunes of Lord Hoffmann's views on principles governing contractual interpretation and implied terms are traced and it will be interesting to see how the Irish courts will respond to such events. The final appellate courts in the United Kingdom, Australia and Ireland have provided important decisions relating to statutory illegality, serving to make the law in all three jurisdictions more responsive to the imperatives that lie behind the statute in question. Recent case law from Ireland, England and Wales, Australia and New Zealand continues to develop the law on promissory estoppel in a contractual setting. Chapter 19, the law relating to damages following on from a breach of contract, has been expanded to take account of added complexities, the uncertainty surrounding the date of breach rule, and some hints about remoteness and consequential loss. Other areas include compensation for non-pecuniary loss, contributory negligence and penalty/liquidated damages clauses. Professor Clark provides a convenient and reliable guide to Irish Contract Law, as located in the context of the English (and Irish) common law tradition
Release on 2009 | by Project Group Restatement of European Insurance Contract Law
Author: Project Group Restatement of European Insurance Contract Law
Pubpsher: sellier. european law publ.
In this volume, the Project Group "Restatement of European Insurance Contract Law" presents its Principles of European Insurance Contract Law (PEICL). These principles were submitted to the European Commission as a Draft Common Frame of Reference of European Insurance Contract Law (DCFR Insurance). The volume comprises the PEICL/DCFR Insurance, as well as translations into Czech, Dutch, French, German, Greek, Hungarian, Italian, Polish, Portuguese, and Spanish. It sets out the approach used by the Project Group, how the PEICL/DCFR Insurance relates to the overall DCFR, the participation of the Project Group in the CoPECL (Common Principles of European Contract Law) Network, as well as the general structure and characteristics of the PEICL/DCFR Insurance. The Project Group has also drafted the PEICL/DCFR Insurance as a model for an Optional Instrument of European Insurance Contract Law.
Summary Judgment in Ireland: Principles and Defences is a single source book that deals solely with the issue of summary judgments and is an efficient and convenient way for practitioners to research points relating to practice and procedure. A summary judgment is a judgment usually entered in a court office or by a court official for a fixed and agreed amount of money due as a debt where the person owing the money has not answered or entered a defence to the proceedings. A summary judgment is entered without the appearance of either party in court based on affidavit filed in the court office. Having a single volume to deal solely with the issue of summary judgments is an efficient and convenient for practitioners, solicitors and barristers in particular. Summary Judgment in Ireland: Principles and Defences describes the various situations in which the summary summons (fast-track debt collection) procedure provided for under Order 37 of the Superior Court Rules will be likely to succeed. Primary defences to this procedure, such as recent High and Supreme Court jurisprudence and precedents from other common law jurisdictions, are included. Contents includes: Introduction; Summary of the procedure; Application for summary judgment; Undue Influence/Duress; Agency; Fraud/Misrepresentation; Reckless Trading.
Release on 2011-05-31 | by Project Group Restatement of European Insurance Contract Law,Helmut Heiss,Mandeep Lakhan
With a Postscript in Honour of Fritz Reichert-Facilides
Author: Project Group Restatement of European Insurance Contract Law,Helmut Heiss,Mandeep Lakhan
Pubpsher: Walter de Gruyter
Following the publication of the Principles of European Insurance Contract Law (PEICL) in 2009, there has been significant political and academic discussion on their possible use as an optional instrument. Experts' views on this topic were exchanged at a conference held in Vienna in January 2010. The distinguished speakers represented European politics, legal science, insurance industry, insurance intermediaries and consumers. These independent experts, who were not involved in drafting the PEICL, presented their critical, unbiased opinions on the project. This volume presents the proceedings of the Vienna conference. It also includes a postscript in commemoration of the late Professor Dr. Fritz Reichert-Facilides, whose visionary ideas led to the creation of the Project Group "Restatement of European Insurance Contract Law" and to the drafting of the PEICL.
Being the Principles of Mercantile Law of the Following and Other Countries, Viz.: England, Scotland, Ireland, British India, British Colonies, Austria, Belgium, Brazil, Buenos Ayres, Denmark, France, Germany, Greece, Hans Towns, Italy, Netherlands, Norway, Portugal, Prussia, Russia, Spain, Sweden, Switzerland, United States, Wurtemburg
Release on 2004 | by Christian von Bar,Ulrich Drobnig,Guido Alpa
A Comparative Study
Author: Christian von Bar,Ulrich Drobnig,Guido Alpa
Pubpsher: sellier. european law publ.
Against the background of the creation of an EU-wide frame of reference for private law relevant to the Common Market, this study, which was requested by the EU Commission, analyses the dovetailing between contract and tort law on the one hand, and between contract and property law on the other. The study examines the legal orders of almost all the Member States of the EU, illustrates the differences between contractual and non-contractual liability and evaluates the different systems of the transfer of property, of movable and immovable securities as well as trust law. The study comes to the conclusion that the intensive considerations on the creation of a model-law in the area of European private law do not allow these thoughts to be limited to contract law. Such a limitation to the scope of the regarding of this area would probably cause more problems than it would solve, or at any rate not do justice to the needs of the Common Market.
If you're serious about exam success, it's time to Concentrate! Contract Law Concentrate is the essential study and revision guide for law students looking for extra marks. The clear, succinct coverage enables you to quickly grasp the fundamental principles of this area of law and helps you to succeed in exams. This guide has been rigorously reviewed and is endorsed by students and lecturers for level of coverage, accuracy, and exam advice. Packed with essential information, key cases, revision tips and more, Contract Law Concentrate is also supported by extensive online resources to take your learning further (www.oup.com/lawrevision/): - Pinpoint which areas you need to concentrate on with the diagnostic test - Test your knowledge with the multiple-choice questions and receive feedback on your answers - Revise the facts and principles of key cases using the interactive flashcards - Check that you have covered the main points of a topic using the key facts checklists - Achieve better marks following the advice on revision and exam technique by experienced examiner Nigel Foster