Mistake, Fraud and Duties to Inform in European Contract Law

This examination of twelve case studies about mistake, fraud and duties to inform reveals significant differences about how contract law works in thirteen European legal systems and, despite the fact that the solutions proposed are often similar, what divergent values underlie the legal rules. Whereas some jurisdictions recognise increasing duties to inform in numerous contracts so that the destiny of mistake and fraud (classical defects of consent) may appear to be uncertain, other jurisdictions continue to refuse such duties as a general rule or fail to recognise the need to protect one of the parties where there is an imbalance in bargaining power or information. Avoiding preconceptions as to where and why these differences exist, this book first examines the historical origins and development of defects of consent, then considers the issues from a comparative and critical standpoint.

This 2005 examination of twelve case studies about mistake, fraud and duties to inform reveals significant differences about how contract law works in thirteen European legal systems and, despite the fact that the solutions proposed are often similar, what divergent values underlie the legal rules. Whereas some jurisdictions recognise increasing duties to inform in numerous contracts so that the destiny of mistake and fraud (classical defects of consent) may appear to be uncertain, other jurisdictions continue to refuse such duties as a general rule or fail to recognise the need to protect one of the parties where there is an imbalance in bargaining power or information. Avoiding preconceptions as to where and why these differences exist, this book first examines the historical origins and development of defects of consent, then considers the issues from a comparative and critical standpoint.

Preface; List of contributors; Table of legislation; List of abbreviations; 1. General introduction Ruth Sefton-Green; 2. Mistake, misrepresentation and precontractual duties to inform: the civil law tradition Martin Josef Schermaier; 3. The rise and fall of mistake in the English law of contract John Cartwright; 4. Case studies: Case 1: Anatole v. Bob; Case 2: Célimène v. Damien; Case 3: Emile v. Far Eastern Delights; Case 4: Mr and Mrs Timeless v. Mr and Mrs Careless; Case 5: Bruno v. The Local Garage; Case 6: Emmanuel v. The Computer Shop; Case 7: Cinderella; Case 8: Estella v. Uriah Heep; Case 9: Nell v. Scrooge Bank; Case 10: Zachary; Case 11: Monstrous Inventions Ltd v. Mary Shelley; Case 12: Lady Windermere v. Angel; 5. Comparative conclusions Ruth Sefton-Green; Index.

This 2005 book investigates how thirteen European legal systems solve twelve case studies about mistake, fraud or duties to inform in contract law. After considering the historical origins of these legal concepts, national reports explain each system's solution. Comparative observations synthesise and evaluate the national rules.

UMR de droit compare de Paris, Université Paris1.