Vitiation of contracts : international contractual principles and English law / Gareth Spark.

Format:

Book

Author/Creator:

Spark, Gareth, author.

Language:

English

Subjects (All):

Impossibility of performance.

Nullity.

Discharge of contracts.

Breach of contract.

Impossibility of performance--England.

Nullity--England.

Discharge of contracts--England.

Breach of contract--England.

Physical Description:

1 online resource (xviii, 335 pages) : digital, PDF file(s).

Edition:

1st ed.

Place of Publication:

Cambridge : Cambridge University Press, 2013.

Language Note:

English

Summary:

Vitiation of Contracts proposes a new theory to explain the rationale of general vitiating factors in English contract law. It provides a clear link to voluntariness as the foundation of contractual liability and compares the English position, in light of this theory, with the Principles of International Commercial Contracts (PICC), the Principles of European Contract Law (PECL), the Draft Common Frame of Reference (DCFR) and the US Restatement (Second) of Contracts.

Contents:

Introduction

Mental incapacity

Non est factum in English law

Common mistake in English law

Mistake as to identity in English law

Mistake as to terms in English law

Mutual mistake in English law

Mistake under the PICC, PECL, DCFR, and US Restatement (Second) of Contracts

Misrepresentation

Duress

Undue influence

Unconscionability

Undue influence and unconscionability under the PICC, PECL and DCFR

Conclusion.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Includes bibliographical references and index.

ISBN:

1-139-61115-1

1-107-23787-4

1-139-60933-5

1-139-61301-4

1-139-38282-9

1-139-61673-0

1-139-62603-5

1-283-87068-1

1-139-62231-5

OCLC:

822561640