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Despite the media emphasis on the ‘Single European Market’, people who
do business across the EC are faced with radical differences between legal
systems and philosophies. It is dangerous to make assumptions about
another country’s law.
Peter Marsh’s book reviews and compares the main elements of English,
French and German law as they relate to business contracts; especially
those relating to the sale of goods and to construction work. He covers:
• drawing up contracts
• their validity
• the obligations of the parties
• the position of third parties
• the control of unfair terms
• remedies for non-performance.
As the only single-volume detailed comparative treatment of both French
and German contract law in the English language this book will be
invaluable to British businesses trading with France and Germany, to
lawyers who may be called upon to advise such businesses, and to
professionals in the construction industry who may be carrying out work in
France or Germany.
Reviews
'... an excellent reference work.' PLC
'... timely ... highly readable and lucid ... It is difficult to give an
adequate indication of the breadth of knowledge displayed by Peter Marsh
or the full scope of the material he covers. Besides feeling somewhat
humbled, the present reviewer was left with the positive belief that this
book can be recommended to all lawyers (who need to be better informed)
and business professionals actively engaged in work in France and
Germany.' Construction Law
'The book is written in a gently digestible format with many interesting
references to reported cases in each of the three countries ... an
invaluable reference guide to professional advisers and British
businessmen supplying goods or providing services within the three major
countries of the EC.' Administrator
'... an interesting and timely attempt to provide a parallel treatment of
three systems of law' Journal of Consumer Policy
Contents
List of works cited by author only; List of cases; List of statues; List
of abbreviations; Historical introduction; English common law and the
civil law systems of France and Germany - primary distinctions; Essentials
of a valid contract; Termination of offers and withdrawal from
negotiations; Acceptance; Objet; Cause and consideration; Mistake and
misrepresentation - English law; Mistake, fraud and the obligation to
inform - French law; Mistake - German law; Performance obligations;
Performance obligations under civil law - general; Contracts for sale -
French law; Contracts for works - French law; Contracts for sale - German
law; Contracts for works - German law; Transfer of property and risk;
Reservation of title and transfer of title to third parties; The contract
and third parties - liabilities in contract and tort; The control of
unfair terms; Remedies and excuses for non-performance; Index.
About the Author
P.D.V. Marsh is a retired solicitor and now works as an independent
contracts consultant. He has spent more than thirty years in the
construction industry negotiating and placing contracts, both as a buyer
and a contractor. His first experience was gained with the National Coal
Board where he became Chief Contracts Officer and he later moved to STC.
He worked for many years as a director of Wimpey Major Projects Limited,
and then joined Transmanche Link where he was responsible for the
procurement of more than a billion pounds' worth of electrical and
mechanical works. He is the author of Contract Negotiation Handbook and
Contracting for Engineering and Construction Projects both published by
Gower, besides being a well-known lecturer on these subjects.
£85.00 / US$144.95 ISBN: 0 566 09006 6 1994 392
pages Hardback
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