Mistake and Non-Disclosure of Fact

Models for English Contract Law

Nonfiction, Reference & Language, Law, Comparative, Contracts
Cover of the book Mistake and Non-Disclosure of Fact by Hugh Beale QC FBA, OUP Oxford
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Hugh Beale QC FBA ISBN: 9780191641916
Publisher: OUP Oxford Publication: August 23, 2012
Imprint: OUP Oxford Language: English
Author: Hugh Beale QC FBA
ISBN: 9780191641916
Publisher: OUP Oxford
Publication: August 23, 2012
Imprint: OUP Oxford
Language: English

In this book Hugh Beale examines the case for reforming the law on mistake and non-disclosure of fact to bring English law closer to the law in much of continental Europe. There, and in common law countries like the US, a party may avoid a contract for mistake of fact on a more liberal basis, and a party who deliberately keeps silent knowing that the other party is making a mistake may be guilty of fraud. This is not necessarily the case in England and Wales. Developing a proposal for law reform, the author concedes that the English courts require a law that puts great emphasis on certainty and expects parties to look out for their own interests; but posits that this individualistic approach is not suitable for smaller businesses which are less sophisticated and which are likely to be making low value contracts, so that relative cost of taking advice will be high. He argues that the solution may not be to reform English contract law generally, but to support the development of an optional instrument on contract law, along the lines of the Common European Sales Law recently proposed by the European Commission. This measure is aimed specifically at the needs of small and medium enterprises, and contains the protective rules found in the other jurisdictions. It is aimed primarily at cross-border sales, but Member States would be given the option of adopting it for domestic transactions too. This would give small businesses the choice of using the current "hard-nosed" law or adopting the more protective optional instrument, recognizing that different parties require different things from the law governing their contract.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

In this book Hugh Beale examines the case for reforming the law on mistake and non-disclosure of fact to bring English law closer to the law in much of continental Europe. There, and in common law countries like the US, a party may avoid a contract for mistake of fact on a more liberal basis, and a party who deliberately keeps silent knowing that the other party is making a mistake may be guilty of fraud. This is not necessarily the case in England and Wales. Developing a proposal for law reform, the author concedes that the English courts require a law that puts great emphasis on certainty and expects parties to look out for their own interests; but posits that this individualistic approach is not suitable for smaller businesses which are less sophisticated and which are likely to be making low value contracts, so that relative cost of taking advice will be high. He argues that the solution may not be to reform English contract law generally, but to support the development of an optional instrument on contract law, along the lines of the Common European Sales Law recently proposed by the European Commission. This measure is aimed specifically at the needs of small and medium enterprises, and contains the protective rules found in the other jurisdictions. It is aimed primarily at cross-border sales, but Member States would be given the option of adopting it for domestic transactions too. This would give small businesses the choice of using the current "hard-nosed" law or adopting the more protective optional instrument, recognizing that different parties require different things from the law governing their contract.

More books from OUP Oxford

Cover of the book Asset Pricing under Asymmetric Information by Hugh Beale QC FBA
Cover of the book Constitutional Preferences and Parliamentary Reform by Hugh Beale QC FBA
Cover of the book Interpretive Political Science by Hugh Beale QC FBA
Cover of the book The Origins of the Christian Mystical Tradition : From Plato to Denys by Hugh Beale QC FBA
Cover of the book Reconceiving Spinoza by Hugh Beale QC FBA
Cover of the book Developmental Biology: A Very Short Introduction by Hugh Beale QC FBA
Cover of the book Moral Psychology and Human Agency by Hugh Beale QC FBA
Cover of the book Impassioned Belief by Hugh Beale QC FBA
Cover of the book The Castle by Hugh Beale QC FBA
Cover of the book Dendrites by Hugh Beale QC FBA
Cover of the book The Legal Understanding of Slavery by Hugh Beale QC FBA
Cover of the book Pater the Classicist by Hugh Beale QC FBA
Cover of the book The Book of Common Prayer: A Very Short Introduction by Hugh Beale QC FBA
Cover of the book Imperial Boredom by Hugh Beale QC FBA
Cover of the book Secular Beats Spiritual by Hugh Beale QC FBA
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy