Download comparative contract law england, france, germany

COMPARATIVE
CONTRACT LAW
ENGLAND, FRANCE,
GERMANY
P. D. V. Marsh
Gower
Contents
Preface
List of works cited by author only
List of cases
List of statutes
List of abbreviations
ix
xi
xv
xxix
xxxv
1 Historical introduction
General purpose
Roman law origins
The reception of Roman law
The codification of French law
German law and its codification
The English law of contract
1
1
1
3
8
13
18
2 English common law and the civil law systems of France and Germany primary distinctions
Divisions of the law
Conceptualism and pragmatism
Sources of law
Doctrine
Interpretation of contracts and good faith
27
27
33
34
37
38
3 Essentials of a valid contract
General requirements
Elements common to all three systems
Offers and invitations to treat
German law
Uniform law for international sales
41
41
42
42
49
54
4 Termination of offers and withdrawal from negotiations
Termination of offers under English law
Termination of offers under French law
Termination of offers under German law
Letters of intent - comparative summary
The Vienna Convention
58
58
59
63
65
65
COMPARATIVE CONTRACT LAW
5 Acceptance
The fact of acceptance under English law
The fact of acceptance under French law
The fact of acceptance under German law
The battle of the forms
The Vienna Convention
69
69
70
74
77
79
6 Objet
French law
English law comparison
German law comparison
The Vienna Convention
83
83
87
89
91
7 Cause and consideration
Cause - French law
Cause - German law - and unjust enrichment
Consideration
95
95
100
103
8 Mistake and misrepresentation - English law
Mistake
Misrepresentation
112
112
116
9 Mistake, fraud and the obligation to inform - French law
Mistake
English law comparisons
Dol et {'obligation de renseignements
English law comparison
121
121
123
124
128
10 Mistake - German law
General basis
Mistake as to expression
Mistake as to essential quality
Mistake and the formation of the contract
Mistake as to the basis of the contract
Fraud
133
133
133
133
135
136
136
11 Performance obligations
140
General
140
Conformity of the goods/work/services with the contract - English law 141
Comparative note on latent defects
146
12 Performance obligations under civil law - general
The particular regimes for vice cache
vi
150
151
CONTENTS
The Roman actions
Modern code provisions
The Roman origins of reception (Abnahme)
Liability, whether fault-based or not
151
153
153
154
13 Contracts for sale - French law
167
Obligations of the seller pre-delivery
Remedies of the purchaser
Breach of a contractual guaranty
Obligation of security
167
171
176
177
14 Contracts for works-French law
183
Obligations of the contractor
Reception
Suppliers
Sub-contractors
Responsabilite solidairement et 'in solidum
Assurance
Time for performance
Remedy of the employer
183
185
194
196
197
198
199
200
15 Contracts for sale - German law
205
Sources
Obligations of the seller
Remedies in damages
Time for delivery
Positive breach of contract
Anticipatory breach
205
206
211
216
219
219
16 Contracts for works-German law
222
Obligations of the contractor {Auftragnehmer)
Defects prior to completion (Abnahme)
Completion (Abnahme)
Remedies of the client after Abnahme
Time for performance
Responsibility of the architect
17 Transfer of property and
Specific goods
Unascertained goods
Future goods
Contracts for works
The passing of risk
risk
223
225
227
227
232
234
238
239
242
243
245
246
vii
COMPARATIVE CONTRACT LAW
18 Reservation of title and transfer of title to third parties
250
Reservation of title - English law
Reservation of title - French law
Reservation of title - German law
Passing of title by a non-owner - English law
Passing of title by a non-owner - French law
Passing of title by a non-owner - German law
250
253
257
259
261
263
19 The contract and third parties: liabilities in contract and tort
268
English law
French law
German law
Comparative conclusions
269
272
279
286
20 The control of unfair terms
290
The broad issue of unfairness
Clauses excluding or limiting liability
Comparative summary
21 Remedies and excuses for non-performance
English law
French law
Comparison with English law
German law
Comparative conclusions
Index
VIII
290
293
307
310
310
319
325
337
346
351