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European Contract Law: Scots and South African Perspectives

Hector MacQueen and Reinhard Zimmermann

Published in print:
2006
Published Online:
March 2012
ISBN:
9780748624256
eISBN:
9780748651429
Item type:
book
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748624256.001.0001
Subject:
Law, Company and Commercial Law

This book sets out initially to test the claim that, as combinations of civil and common law influences, the mixed systems of contract law in Scotland and South Africa have anticipated the content of ... More


Specific Performance and Special Damages

Sieg Eiselen

in European Contract Law: Scots and South African Perspectives

Published in print:
2006
Published Online:
March 2012
ISBN:
9780748624256
eISBN:
9780748651429
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748624256.003.0010
Subject:
Law, Company and Commercial Law

This chapter examines specific performance and special damage, two remedies commonly available after a breach of contract in Scotland and South Africa. It explains that specific performance provides ... More


Termination for Breach of Contract

Tjakie Naudé

in European Contract Law: Scots and South African Perspectives

Published in print:
2006
Published Online:
March 2012
ISBN:
9780748624256
eISBN:
9780748651429
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748624256.003.0011
Subject:
Law, Company and Commercial Law

This chapter considers termination as a remedy for breach of contract under the Principles of European Contract Law (PECL). The PECL provisions on termination for non-performance are similar to Scots ... More


Assignment

Gerhard Lubbe

in European Contract Law: Scots and South African Perspectives

Published in print:
2006
Published Online:
March 2012
ISBN:
9780748624256
eISBN:
9780748651429
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748624256.003.0012
Subject:
Law, Company and Commercial Law

This chapter considers how an assignment is effected under the Principles of European Contract Law (PECL), and evaluates its consequences and the extent to which the divergence between systems based ... More


Capitalisation of Interest

Max Loubser

in European Contract Law: Scots and South African Perspectives

Published in print:
2006
Published Online:
March 2012
ISBN:
9780748624256
eISBN:
9780748651429
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748624256.003.0013
Subject:
Law, Company and Commercial Law

This chapter explores the issues of capitalisation of interest under the Principles of European Contract Law (PECL), discussing the nature and function of interest and the history of rules of ... More


Ius Commune and the Principles of European Contract Law: Contemporary Renewal of an Old Idea*

Reinhard Zimmermann

in European Contract Law: Scots and South African Perspectives

Published in print:
2006
Published Online:
March 2012
ISBN:
9780748624256
eISBN:
9780748651429
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748624256.003.0001
Subject:
Law, Company and Commercial Law

This chapter focuses on a key document within the process of the Europeanisation of private law legal scholarship, the Principles of European Contract Law (PECL). It suggests that these principles ... More


Good Faith

Hector L MacQueen

in European Contract Law: Scots and South African Perspectives

Published in print:
2006
Published Online:
March 2012
ISBN:
9780748624256
eISBN:
9780748651429
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748624256.003.0002
Subject:
Law, Company and Commercial Law

This chapter considers good faith in the Principles of European Contract Law (PECL). It explains that Article 1:201 of PECL declares that each party must act in accordance with good faith and fair ... More


Offer, Acceptance and the Moment of Contract Formation

Geo Quinot

in European Contract Law: Scots and South African Perspectives

Published in print:
2006
Published Online:
March 2012
ISBN:
9780748624256
eISBN:
9780748651429
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748624256.003.0003
Subject:
Law, Company and Commercial Law

This chapter examines the issues of offer, acceptance and contract formation under the Principles of European Contract Law (PECL). It explains that the offer and acceptance model is a standard ... More


The Battle of Forms

A D M Forte

in European Contract Law: Scots and South African Perspectives

Published in print:
2006
Published Online:
March 2012
ISBN:
9780748624256
eISBN:
9780748651429
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748624256.003.0004
Subject:
Law, Company and Commercial Law

This chapter discusses the issue of battle of forms in contract law. It explains that a battle of forms arises where each of the parties to what they at least perceive as a contract have employed ... More


Agency

Laura Macgregor

in European Contract Law: Scots and South African Perspectives

Published in print:
2006
Published Online:
March 2012
ISBN:
9780748624256
eISBN:
9780748651429
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748624256.003.0005
Subject:
Law, Company and Commercial Law

This chapter explores the law of agency in relation to European contract law. It explains that agency is often considered to be more properly part of commercial rather than contract law and evaluates ... More


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