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Mistake and Non-Disclosure of FactsModels for English Contract Law$
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Hugh Beale QC FBA

Print publication date: 2012

Print ISBN-13: 9780199593880

Published to Oxford Scholarship Online: September 2012

DOI: 10.1093/acprof:oso/9780199593880.001.0001

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Defining the Issues

Defining the Issues

Chapter:
(p.1) 1 Defining the Issues
Source:
Mistake and Non-Disclosure of Facts
Author(s):

Hugh Beale

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199593880.003.0001

This chapter tries to determine whether English law is right to adopt an individualist attitude, or whether it should shift towards the German position, which is generally representative of most continental legal systems. It provides some background information on the ‘European’ principles of contract law, and then identifies the actual differences between ‘European’ and English laws. It also describes the provisions on mistake and non-disclosure of fact that are found in the Principles of European Contract Law (PECL). This chapter also discusses English and German cases related to the law on mistake and non-disclosure of fact.

Keywords:   English Law, individualist attitude, legal systems, principles of contract law, European Law, mistake, non-disclosure of fact, principles of european contract law

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