Monthly Archives: February 2013

More on the suggested amendments to the Common European Sales Law

Some of the amendments suggested in the excellent draft report by Mr Lehne and Mr Berlinguer to the European Parliament’s Legal Affairs Committee were considered in the last post. Here are some brief comments on a number of the other … Continue reading

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Constructive steps in European Parliament on Common European Sales Law

Two committees of the European Parliament have been looking at the Proposal for a Common European Sales Law (CESL) this week. The proceedings in both represented satisfactory progress. On Wednesday the Legal Affairs Committee heard a presentation of a draft … Continue reading

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Good faith and fair dealing in English law – not such an alien concept

It is often said that English law does not have any generally applicable concept of good faith. This is true if the emphasis is on “generally applicable”, but the concept of good faith is certainly found in English law. There … Continue reading

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Interpretation or modified application in changed circumstances?

How should the law deal with this problem? A contract or a unilateral deed contains an expression which seems to have a perfectly clear meaning. Circumstances change radically, in a way which was unforeseen and unforeseeable, and the application of … Continue reading

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Unilateral statements indicating intention – the DCFR, the CESL and the UK Supreme Court

The Draft Common Frame of Reference (DCFR) uses the expression “unilateral juridical act” to denote a statement, “whether express or implied from conduct, which is intended to have legal effect as such” (art. II.-1:101(2).  This expression, however, caused puzzlement and … Continue reading

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Termination on repudiation: the Supreme Court, the DCFR and the CESL

I was pleased to see that the article on “The Elective and Automatic Theories of Termination at Common Law: Resolving the Conundrum?” by David Cabrelli and Rebecca Zahn in the Industrial Law Journal, Vol. 41, No. 3, September 2012 had … Continue reading

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