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Comparative Law in Practice
Contract Law in a Mid-Channel Jurisdiction
Duncan Fairgrieve
This book provides a comparative study of contract law, examining the interaction of common law and civil law approaches to contract law. Drawing extensively upon English, French and European law, the book explores how the law of contract of Jersey, Channel Islands, has been influenced by both civil law and common law sources. It is argued that this jurisdiction is a striking example of comparative law in action, given that Jersey contract law is made up of a blend of common law and civil law approaches. Jersey law is premised upon a subjective approach to contracts, in which civil law concepts such as cause (rather than consideration) and vices de consentement are the foundational aspects, but is nonetheless highly influenced by the common law in areas such as remedies (damages, termination, etc).
The book analyses a series of key issues from a comparative and European perspective, including the principles underlying contract law (comparing and contrasting civil and common law approaches), the formation of contract, requirements of reciprocity (cause vs consideration), the structure and approach of precontractual liability, the role of good faith in a mixed system, the architecture of remedies, and more.
Duncan Fairgrieve is Senior Research Fellow in Comparative Law at the British Institute of International and Comparative Law and Professeur Associé at Université Paris Dauphine PSL, France.
October 2016 9781782257219 208pp Hardback RSP: $108
DISCOUNT RATE TO EMAIL LIST SUBSCRIBERS: $97.20 (+ postage)
A Comparative Examination of Multi-Party Actions
The Case of Environmental Mass Harm
Joanne Blennerhassett
This monograph addresses the phenomenon of mass harm and how it may be resolved through collective redress. It examines particularly how such redress may be achieved through mechanisms such as multi-party actions (MPAs). In order to do this, an analytical framework is created against which to evaluate various multi-party procedures. This is illustrated through the experience of a selection of common law jurisdictions in dealing with mass harm – namely that of England and Wales, Canada, Australia and the United States, as well as that of EU collective redress. It examines multi-party action laws benchmarked against the objectives identified in the analytical framework. The phenomenon of environmental mass harm in particular is explored as a case study, as it illustrates some of the difficulties that may arise in mass harm litigation. Also, this work explores where the best solutions for mass harm redress may lie in the future – perhaps in collective actions or through alternatives such as regulation and alternative dispute resolution or a combination of these. Finally, the experience of mass harm litigation in Ireland is examined, as currently this jurisdiction does not have an effective mechanism for dealing with mass harm.
Joanne Blennerhassett is a graduate of Trinity College Dublin, Université Paris 2 Panthéon-Assas (La Sorbonne), University College Dublin, the Law Society of Ireland and University College Cork. She is a College Lecturer in the Sutherland School of Law, University College Dublin, where she has lectured since 2003, specialising in Environmental Law, Tort Law, and Dispute Resolution. She has a background as a practitioner having practiced as a solicitor. She is also a qualified mediator and arbitrator. She was recently awarded a PhD in collective redress which formed the background research for this monograph.
October 2016 9781509905294 344pp Hardback RSP: $108
A co-publication between Hart Publishing and CH Beck
DISCOUNT RATE TO EMAIL LIST SUBSCRIBERS: $97.20 (+ postage)
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