Tag Archives: contract law

Two contract laws restated

Andrew Burrows has followed up his excellent Restatement of the English Law of Unjust Enrichment with an equally impressive Restatement of the English Law of Contract. This is a sort of draft code and commentary on English contract law which … Continue reading

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Unwinding failed contracts

The Wilson Memorial Lecture was given yesterday by Sonja Meier of the University of Freiburg on the theme of “Unwinding failed contracts – new European developments”. It was a brilliant performance, beautifully delivered, perfectly timed and, above all, cogently argued. … Continue reading

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European Parliament adopts proposal for a Common European Sales Law

By 416 votes to 159, with about 65 abstentions, the European Parliament today adopted a legislative resolution on an optional Common European Sales Law (CESL). This is good news for European businesses and consumers who want to sell or buy … Continue reading

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Common European Sales Law and UK Consumer Rights Bill to be discussed on same day

The Proposed Regulation on a Common European Sales Law (CESL) will be debated by the full European Parliament on the morning of Tuesday 25 February: the vote will take place on the afternoon of the following day. This will be … Continue reading

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Contracting out of liability for consequential loss under the proposed Common European Sales Law (CESL)

In the last entry it was noted that an innocent seller could have a ferociously disproportionate liability for consequential loss under the CESL and might have no right of redress against sellers further up the contractual chain. The question to … Continue reading

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Zimmermann and Wilson on causation and foreseeability

When Reinhard Zimmermann gave the W.A. Wilson Memorial Lecture in Edinburgh on 5 September he discussed questions of causation and foreseeability in relation to the provisions on damages in the proposed Common European Sales Law (CESL) and its main antecedents. … Continue reading

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Termination for non-conformity under the proposed Common European Sales Law (CESL)

The amendments to the CESL approved by the Legal Affairs Committee of the European Parliament at its last meeting include important changes to the buyer’s right to terminate for non-conformity. Under the original proposal a consumer buyer’s right to terminate … Continue reading

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New rules on good faith and fair dealing in the proposal for a Common European Sales Law

The Report adopted by the Legal Affairs Committee of the European Parliament on the Common European Sales Law (CESL) on 17th September is now on the committee’s website. So it is now possible to see what happened on the controversial … Continue reading

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Proposal for a Common European Sales Law advances

On 17th September the Legal Affairs Committee of the European Parliament approved by a huge majority (19 for, 3 against, 2 abstentions) a report supporting the proposal for a Common European Sales Law (CESL). It therefore took a totally different … Continue reading

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Restitution or reliance damages?

David Campbell (Leeds) gave an interesting paper on this topic at the Edinburgh conference of the Society of Legal Scholars. He focussed on the following type of case. A buyer of a quantity of steel, who (unusually) has paid in … Continue reading

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