Working with contracts in international commercial law requires knowledge of differing legal perspectives and traditions. Comparative Contract Law: An Introduction offers an overview of the main aspects of contract law from a comparative perspective, and a methodology to facilitate understanding of the different rules of contract law, focusing on the comparison between civil law and common law.
National legal systems have their own specific and detailed principles and rules on contract law, but the trans-nationalization of trade and legal practice means that lawyers often must use a comparative approach. This book presents chapters which each deal with a specific issue within contract law, offering a short theoretical overview followed by case studies showing the principles in application, selected from various jurisdictions. The book focuses on the comparison between civil law and common law, as they represent two different models of dealing with contract law issues. Within the civil law tradition, the book largely focuses on the French, German and Italian experiences, with English contract law being the main source of examples for the common law tradition, but the book also draws on examples from other common law jurisdictions. Topics covered include the structure of contract law and the rules about its formation and interpretation, the role of precontractual negotiations, the consequences of mistake, breach and supervening events (including the impact of the Covid-19 pandemic). Students will learn about common problems to be faced when contracting with parties coming from different jurisdictions, whilst also acquiring a deeper understanding of the approach of their own legal system.
The book will be key reading for undergraduate and postgraduate students of Comparative Contract Law, and Contract Law more generally.
