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Essay / Research Paper Abstract
A 21 page paper discussing the origin of law in these three nations and the process by which they go about deciding cases of contract law especially as it involves overlap into tort law. The bottom line for businesses and individuals entering into contracts governed by the laws of either of these countries is that all parties involved need to understand to what reaches contract law in each of these countries extends. Overlap of contract and tort law in the United Kingdom is quite natural and fluid, while it is based more on judge rules in Germany and does not exist at all in France. Bibliography lists 13 sources.
Page Count:
21 pages (~225 words per page)
File: CC6_KSlawEngFrGer.rtf
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Unformatted sample text from the term paper:
One of the difficulties of establishing the "European" law that eventually will be necessary for member states of the monetary union to adopt in order to achieve a
truly borderless business community lies in reconciling the national laws that currently exist. Each member nation already has ceded a measure of national sovereignty by virtue of adopting the
euro as its national currency. Britain was not amenable to giving up any of the rights of a sovereign nation and so did not adopt the euro, but all
of Europes other leading economies joined the monetary union with first-round membership in 1999. National laws still govern business in each of Europes
states while policymakers wrestle with the problems inherent in formulating business law that can be viewed as being appropriate to a truly borderless community. In the meantime, contract and
tort law - and the point at which they overlap - vary significantly among Europes nations. The purpose here is to examine that overlap in English, French and German
law. English Law English common law has become the basis for several legal systems around the world, including that of the United States.
Under English law, a contract does not need to be written to be valid. If an agreement - either a written or oral one - can meet four
tests, then it has met the requirements of a contract under English law. These tests are: * Intention to be legally binding; * Certainty in terms; * Evidence of
offer and acceptance; and * Valuable consideration (Contract Law and Practice). Of these four tests, it is that of intent that most
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