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Browsing All Faculty Research Activity by Author "Michelle Smyth, Claire"
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Item Contract Law: a Comparison of Civil Law and Common Law Jurisdictions(Business Expert Press, New York, 2018) Michelle Smyth, Claire; Gatto, MarcusThis text serves as an accessible introduction to the law of contract. The headings chosen for examination track the main points in the lifetime of a contract--from its formation, drafting, and onward to its eventual dissolution, whether this occurs due to the terms of the contract, the will of the parties, or because of a breach of the agreed terms. It also provides studies of other notable areas within the subject, such as third-party rights, damages, and equitable remedies. In distinction to other guides to contract law, this text provides a comparative analysis of the area, incorporating sources drawn from both the civil law tradition, characteristic of several nations within Continental Europe, as well as the Anglo-American common law tradition, with cases and legislation drawn from England and the United States of America. It also explores contract law in the unique context of so-called hybrid jurisdictions--those which incorporate elements of both the common law and civilian traditions; chosen for study here are exemplary jurisdictions represented by the American state of Louisiana and Scotland in the United Kingdom. As business assumes a global dimension, knowledge of the operation of contract law across various legal traditions and national contexts is increasingly at a premium. This text enables the student to gain a coherent vision of contract law across a wide range of legal and theoretical frameworks, as well as to speak confidently when discussing the intricacies of the subject. It is at once an introductory text, as well as a reference text, which students and professionals alike can consult in the course of their studies and future careers.