Chapter

Possible Models for English Law

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/9780199593880.003.0003

Series: Clarendon Law Lectures

Possible Models for English Law

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This chapter tries to develop a model that is equal to the Law Commission's ‘provisional proposal’ and to determine the kind of contract law that is needed. It separates the kinds of models that should not be followed, such as the broad-brush approach used in Nordic law systems. It then lists the criteria that would help in creating the model, discusses the right to avoid the contract, and decides whether the parties involved should be free to agree that the new rules should not apply to their contract. This chapter concludes with a provisional proposal for a new model and the reasons for and against this proposal.

Keywords: provisional proposal; law commission; contract law; broad-brush approach; right to avoid the contract

Chapter.  18215 words. 

Subjects: Civil Law

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