Comparative Law in Practice: Contract Law in a Mid-Channel Jurisdiction

Description

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 Associe at Universite Paris Dauphine PSL, France.

We are fortunate to have been treated to such a scholarly analysis of our contract law and the wider approach adopted by Jersey to its law. We must make good use of it. -- John Kelleher * Jersey and Guernsey Law Review * ... brilliantly explained by Duncan Fairgrieve ... a new perspective on differences and affinities between common law and civil law, in a way which will be invaluable for all comparative lawyers. -- Professor Eleonora Rajneri * European Review of Contract Law * The book is an engaging and rewarding read, both as an account of Jersey contract law in its own right and also as a comparative analysis of an often overlooked jurisdiction. It brims with interesting discussion relating to the dual common law and civil law sources of Jersey law from which much can be learnt ... The book will appeal to and be a valuable addition to the collection to all comparative contract lawyers. -- Solene Rowan * International and Comparative Law Quarterly *