Comparative Law in Practice

Contract Law in a Mid-Channel Jurisdiction

By Duncan Fairgrieve

This comparative study of contract law examines the interaction of common law and civil law approaches to contract law. Drawing extensively upon English, French, and European law, the book explores how the law of contract of Jersey, Channel Islands, has been influenced by both civil law and common law sources. It is argued that this jurisdiction is a striking example of comparative law in action, given that the contract law is made up of a blend of common law and civil law approaches, with the law premised upon a subjective approach to contracts in which civil law concepts, such as cause (rather than consideration) and vices de consentement, are the foundational aspects, but which is nonetheless highly influenced by the common law in areas such as remedies (damages, termination, etc.). The book analyzes a series of key issues from a comparative and European perspective, including principles underlying contract law (comparing and contrasting civil and common law approaches), the formation of contract, requirements of reciprocity (cause vs consideration), structure and approach of pre-contractual liability, role of good faith in a mixed system, the architecture of remedies, and more. (Series: Hart Studies in Private Law, Vol. 17) [Subject: Comparative Law, Restitution Law, Commercial Law, Contract Law, Tort Law]

Publication Date: 10/20/2016
Format: Cloth
ISBN: 9781782257219