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

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. Volume 17 in the series Hart Studies in Private Law Preface Contents 1. Introduction I. The Importance of Comparing II. Scope of the Study 2. A Mid-Channel Jurisdiction-Jersey as a Mixed Legal System I. Introduction II. Historical Background III. Sources of Law in Jersey: The Particular Position of Jersey Contract Law IV. The Mindset or Mentalit\xe9 of a Channel Island Lawyer 3. Basic Principles of Contract Law from a Comparative Perspective I. Introduction II. La Convention Fait la Loi des Parties III. Centrality of Consent IV. Subjective and Objective Approaches to Contract Law V. Reciprocity in a Contractual Context VI. Good Faith: Preferring a Civil or Common Law Approach? 4. The Formation of a Contract I. Introduction II. Capacity III. Consent: The Requirement of a Fundamental Meeting of Minds IV. Offer and Acceptance V. Contractual Objet VI. Rejecting Consideration: The Notion of Cause 5. Undermining a Contract: Vices de Consentement I. Introduction II. Vices de Consentement-Defects in Consent III. Violence/Physical or Psychological Threats IV. Dol: Fraud as a Ground for Avoiding a Contract V. Erreur VI. General Conclusion on Vices de Consentement and Reform Options VII. Lesion or Deception d'Outre Moitie du Juste Prix 6. Effects of Contracts I. Nature of Obligations between the Parties II. The Effects of Contracts beyond the Parties III. Terms and Interpretation IV. Warranties: The Case of Vices Caches V. Exceptions to la Convention Fait la Loi des Parties: Intervening to Modify Contractual Terms 7. Comparing Remedies I. Introduction II. Remedies and the Law of Obligations: Comparative Perspectives III. Mid-Channel Remedies IV. Consequences of a Contract Vitiated by a Vice de Consentement: Null or Void? V. Remedies for Non-Performance VI. General Conclusion on Remedies 8. Comparative Law Lessons and Reform Issues I. Comparative Law Themes II. Reforming the Jersey Law of Contract Index Présentation de l'éditeur : "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." "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." --publisher's description