By James Gordley
ISBN-10: 0511016204
ISBN-13: 9780511016202
ISBN-10: 0521790212
ISBN-13: 9780521790215
Professor James Gordley opens this quantity with a concise historical past of the felony prestige of gives you. within the relevant a part of the booklet felony specialists learn how twelve sleek eu criminal platforms care for fifteen concrete occasions during which a promise is probably not enforceable--situations that come with presents, loans, bailments, homes, rewards, and brokerage contracts. regardless of adjustments in criminal doctrine, the quantity finds similarities within the effects. this can be the second one accomplished venture of the typical center of eu inner most legislation introduced on the collage of Trento.
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Sample text
Must be to the benefit of the defendant or charge to the plaintiff’,49 and this formula – benefit to the promisor or detriment to the promisee – was often repeated. Yet as A. W. B. 52 Promises to pay debts barred by the statute of limitations53 or discharged in bankruptcy54 or incurred as a minor55 were held to be actionable. Sometimes the consideration in such cases was said to be the fulfilment of a moral obligation. Conversely, sometimes there was held to be no consideration for a promise even though the promise was not made to confer a gratuitous benefit on the promisee.
8–10. J. Domat, Les loix civiles dans leur ordre naturel, 2nd edn (Paris, 1713), liv. 1, tit. 1, § 1, nos. 5–6; § 5, no. 13; R. Pothier, Traité des obligations, in M. ), Oeuvres de Pothier, 2nd edn, vol. II (Paris, 1861), § 42. 6 t h e e n f o rc e a b i l i t y o f p ro m i s e s Whether gratuitous promises should be binding on consent was initially less clear. The sixteenth-century theologian and philosopher Cajetan, in his commentary on Thomas Aquinas, claimed that the promisor who broke such a promise was unfaithful to his word.
Friel, The Law of Contract, 1st edn (1995) Hare Hare’s Reports (1841–53) Hob. R. Irish Equity Reports (1838–50) ILRM Irish Law Reports Monthly ILTR Irish Law Times Reports IR Irish Reports (from 1894) JISL Journal of the Irish Society for Labour Law KB Law Reports, King’s Bench (1901–52) LRCP Law Reports, Common Pleas Cases (1865–75) LR Exch. Law Reports, Exchequer LRHL Law Reports, English and Irish Appeals (1866–75) LT Law Times Reports (1859–1947) NI Northern Ireland Court of Appeal or Northern Ireland Law Reports NZLR New Zealand Law Reports Palmer, Bailment N.
Enforceability promises european contract law by James Gordley
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