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:

Series: Clarendon Law Lectures

Possible Models for English Law

Show Summary Details


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

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.