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By Duncan Fairgrieve

This publication offers a comparative examine of agreement legislation, reading the interplay of universal legislations and civil legislations techniques to agreement legislation. Drawing generally upon English, French and eu legislation, the publication explores how the legislations of agreement of Jersey, Channel Islands, has been inspired via either civil legislation and customary legislations resources. it really is argued that this jurisdiction is a outstanding instance of comparative legislation in motion, on condition that Jersey agreement legislation is made of a mix of universal legislations and civil legislations techniques. Jersey legislation is premised upon a subjective method of contracts, during which civil legislation strategies corresponding to reason (rather than attention) and vices de consentement are the foundational features, yet is still hugely encouraged through the typical legislation in parts similar to treatments (damages, termination, etc).

The ebook analyses a sequence of key matters from a comparative and eu standpoint, together with the foundations underlying agreement legislations (comparing and contrasting civil and customary legislations approaches), the formation of agreement, necessities of reciprocity (cause vs consideration), the constitution and strategy of precontractual legal responsibility, the function of fine religion in a combined approach, the structure of treatments, and more.

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


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