Defects in Consent : Mistake, Fraud, Threats, Unfair Exploitation

Titelangaben

Cartwright, John ; Schmidt-Kessel, Martin:
Defects in Consent : Mistake, Fraud, Threats, Unfair Exploitation.
In: Dannemann, Gerhard ; Vogenauer, Stefan (Hrsg.): The Common European Sales Law in Context : Interactions with English and German Law. - Oxford : Oxford University Press , 2013 . - S. 373-422
ISBN 9780199678907

Angaben zu Projekten

Abstract

This chapter focuses on the rules on defects in consent in the proposed Common European Sales Law (CESL) and the Draft Common Frame of Reference (DCFR). In assessing these rules and their relationship to German and English law, it is necessary to consider both the rules of these various legal systems on defective consent itself, and the rules in the other areas in which there are functional equivalents or similarities, or where there are significant practical interrelationships. The principal sections of the chapter are concerned with, first, a comparison with the remedies for, and rules governing, defects in consent in the different legal systems — including the underlying policies of the systems in relation to the role of defective consent in order to assess the similarities and differences, both practical and theoretical, between the European rules and the national systems. Secondly, it considers the interrelationship between the rules on defects in consent and other rules, both within contract and in other areas of private law.