Chapter

Defining the Issues

Hugh Beale

in Mistake and Non-Disclosure of Facts

Published in print August 2012 | ISBN: 9780199593880
Published online September 2012 | e-ISBN: 9780191745362 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199593880.003.0001

Series: Clarendon Law Lectures

Defining the Issues

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This chapter tries to determine whether English law is right to adopt an individualist attitude, or whether it should shift towards the German position, which is generally representative of most continental legal systems. It provides some background information on the ‘European’ principles of contract law, and then identifies the actual differences between ‘European’ and English laws. It also describes the provisions on mistake and non-disclosure of fact that are found in the Principles of European Contract Law (PECL). This chapter also discusses English and German cases related to the law on mistake and non-disclosure of fact.

Keywords: English Law; individualist attitude; legal systems; principles of contract law; European Law; mistake; non-disclosure of fact; principles of european contract law

Chapter.  11573 words. 

Subjects: Civil Law

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