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

Title data

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

Project information

Project title:
Project's official titleProject's id
Stiftungslehrstuhl VerbraucherrechtNo information

Project financing: BMELV/BMJV

Abstract in another language

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.

Further data

Item Type: Article in a book
Refereed: No
Institutions of the University: Faculties > Faculty of Law, Business and Economics > Department of Law > Chair Civil Law IX > Chair Civil Law IX - Univ.-Prof. Dr. Martin Schmidt-Kessel
Profile Fields > Emerging Fields > Innovation and Consumer Protection
Profile Fields > Emerging Fields > Food and Health Sciences
Profile Fields > Emerging Fields > Energy Research and Energy Technology
Research Institutions > Research Units > Research Centre for Consumer Law (FFV)
Research Institutions > Research Units > Forschungsstelle für Deutsches und Europäisches Lebensmittelrecht
Research Institutions > Research Units > Forschungsstelle für Deutsches und Europäisches Energierecht - FER
Research Institutions > Research Units > Research Centre for Family Enterprises
Graduate Schools > University of Bayreuth Graduate School
Graduate Schools > BayREW
Faculties
Faculties > Faculty of Law, Business and Economics
Faculties > Faculty of Law, Business and Economics > Department of Law
Faculties > Faculty of Law, Business and Economics > Department of Law > Chair Civil Law IX
Profile Fields
Profile Fields > Emerging Fields
Research Institutions
Research Institutions > Research Units
Graduate Schools
Result of work at the UBT: Yes
DDC Subjects: 300 Social sciences > 340 Law
Date Deposited: 11 Aug 2015 06:34
Last Modified: 11 Aug 2015 06:34
URI: https://eref.uni-bayreuth.de/id/eprint/15080