Paperback
Contract Law
A Comparative Introduction
3rd edition
9781800373129 Edward Elgar Publishing
Reflecting the most recent changes in the law, the third edition of this popular textbook provides a fully updated, comparative introduction to the law of contract. Accessible and clear, it is perfectly pitched for international students and courses with a global outlook. Jan Smits’ unique approach treats contract law as a discipline that can be studied on the basis of common principles and methods without being tied to a particular jurisdiction or legal culture. Notable updates include the consequences of Brexit, the implementation of new European directives 1999/770 and 2019/771 as well as coverage of the effect of COVID-19 on contracts.
More Information
Critical Acclaim
Contents
More Information
Reflecting the most recent changes in the law, the third edition of this popular textbook provides a fully updated, comparative introduction to the law of contract. Accessible and clear, it is perfectly pitched for international students and courses with a global outlook.
Jan Smits’ unique approach treats contract law as a discipline that can be studied on the basis of common principles and methods without being tied to a particular jurisdiction or legal culture. He puts contract law in context by discussing empirical and economic insights. Notable updates include the consequences of Brexit, the implementation of new European directives 1999/770 and 2019/771 as well as coverage of the effect of COVID-19 on contracts.
Key features of the third edition include:
• Introduces key principles by comparing solutions from different jurisdictions, illustrating for students the international nature and substance of contract law
• Draws from a wide variety of sources including German, English, French and Dutch law, European and international instruments, and examples from Central and Eastern Europe and Islamic contract law, making this an ideal textbook for students across Europe and beyond
• Focuses on legal method as well as substantive law
• Attractive and accessible design with text boxes, colour and graphics to help students navigate easily and identify key information.
With its innovative approach and engaging design, this textbook has proved an essential companion to introductory courses on contract law across a multitude of jurisdictions.
Jan Smits’ unique approach treats contract law as a discipline that can be studied on the basis of common principles and methods without being tied to a particular jurisdiction or legal culture. He puts contract law in context by discussing empirical and economic insights. Notable updates include the consequences of Brexit, the implementation of new European directives 1999/770 and 2019/771 as well as coverage of the effect of COVID-19 on contracts.
Key features of the third edition include:
• Introduces key principles by comparing solutions from different jurisdictions, illustrating for students the international nature and substance of contract law
• Draws from a wide variety of sources including German, English, French and Dutch law, European and international instruments, and examples from Central and Eastern Europe and Islamic contract law, making this an ideal textbook for students across Europe and beyond
• Focuses on legal method as well as substantive law
• Attractive and accessible design with text boxes, colour and graphics to help students navigate easily and identify key information.
With its innovative approach and engaging design, this textbook has proved an essential companion to introductory courses on contract law across a multitude of jurisdictions.
Critical Acclaim
‘I found this book impressively clear and readable, not academic or abstract in its approach but tied at every point to examples in English and civil law.’
– Daphne Perry, The Law Society
Acclaim for previous editions:
‘With Contract Law, Jan Smits again demonstrates why he is one of the best and most creative scholars in the area of private law. Professor Smits is able to balance breadth and depth of coverage to produce a valuable introductory book, which helps fill a tremendous need and void in the literature.’
– Larry DiMatteo, University of Florida, US
‘Jan Smits’ book provides a splendid introduction to the key questions, themes, and features of contract law. It is not aimed at one specific national audience but can, and should, be read by students across Europe.’
– Reinhard Zimmermann, Max Planck Institute, Germany
''Recommended to everyone: for students because of the clear and self-explanatory text and for experienced lawyers because of the sharp focus on the main principles of contract law.’
– Eric Tjong Tjin Tai, Tilburg University, the Netherlands
‘Contract Law may be recommended to beginners and advanced readers. Very user-friendly, it explains all ideas in a comprehensive yet concise manner. Moreover, it is written in a clear and easily understandable language that is essential particularly for non-English native speakers. A first-class textbook for comparative contract law courses.’
– Konrad Osajda, University of Warsaw, Studies & Analyses Office, Supreme Court of Poland
– Daphne Perry, The Law Society
Acclaim for previous editions:
‘With Contract Law, Jan Smits again demonstrates why he is one of the best and most creative scholars in the area of private law. Professor Smits is able to balance breadth and depth of coverage to produce a valuable introductory book, which helps fill a tremendous need and void in the literature.’
– Larry DiMatteo, University of Florida, US
‘Jan Smits’ book provides a splendid introduction to the key questions, themes, and features of contract law. It is not aimed at one specific national audience but can, and should, be read by students across Europe.’
– Reinhard Zimmermann, Max Planck Institute, Germany
''Recommended to everyone: for students because of the clear and self-explanatory text and for experienced lawyers because of the sharp focus on the main principles of contract law.’
– Eric Tjong Tjin Tai, Tilburg University, the Netherlands
‘Contract Law may be recommended to beginners and advanced readers. Very user-friendly, it explains all ideas in a comprehensive yet concise manner. Moreover, it is written in a clear and easily understandable language that is essential particularly for non-English native speakers. A first-class textbook for comparative contract law courses.’
– Konrad Osajda, University of Warsaw, Studies & Analyses Office, Supreme Court of Poland
Contents
Contents: Preface to the third edition PART 1 CONTRACTS 1. Introduction 2. Sources of contract law PART 2 THE FORMATION OF A CONTRACT 3. Offer and acceptance 4. The intention to create legal relations 5. Legal capacity of the parties 6. Formalities PART 3 THE CONTENTS OF THE CONTRACT 7. The party agreement: Interpretation and gap filling 8. The principle of good faith and policing unfair contract terms PART 4 VITIATING FACTORS 9. Defects of consent and misrepresentation 10. Prohibited contracts PART 5 CONTRACTUAL REMEDIES 11. Performance 12. Damages for non-performance 13. Termination of the contract PART 6 CONTRACTS AND THIRD PARTIES 14. Contracts and third parties Index
