Service Contracts: (PEL SC)The rules presented in this volume of "Principles of European Law" deal with service contracts. The economic importance of service contracts within the EU is enormous. The European Commission recently estimated that services account for some 50% of EU GDP and for some 60% of employment in the Union - though an exact figure is hard to determine given that many services are provided by manufacturers of goods. According to the European Commission, many services appear in official statistics as manufacturing activity, meaning that the role of services in the economy is often significantly underestimated. Drafting common principles on the law of services contracts is a novel experience. The existing codes only deal with a limited number of services and often provide only general provisions. Six categories were identified, of which some are close to legal tradition (construction, storage, and, to some extent, treatment). Others are an answer to challenges that come from the modern practice of contract law (processing, design, information). For each service contract, the principles aim at solving legal issues that arise at the pre-contractual stage until the end of the contract's performance. Particular attention is given to co-operation duties and the information the parties need to exchange in order to increase the chances of their mutual satisfaction at any stage of their contractual relationship. |
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Contents
Principles of European Law | 3 |
D | 4 |
110 Resort to Other Remedies | 11 |
Storage | 15 |
104 Duties of the Storer regarding Input | 16 |
108 Payment of the Price | 17 |
102 Circumstances in which the Service Is to Be Performed | 21 |
108 Duty to Obtain Consent | 24 |
E Relation to PECL and Other Parts of the Principles | 453 |
108 Payment of the Price | 461 |
Moment when payment is due | 464 |
F Risks in the Case of Destruction or Deterioration of | 470 |
F Restrictions to Right to Cure | 477 |
Specific performance in processing contracts | 479 |
111 Resort to Other Remedies | 481 |
Comparative Notes | 484 |
Dutch | 26 |
French | 53 |
German | 77 |
Swedish | 102 |
General Introduction | 127 |
General Comments | 131 |
I | 133 |
Relation to Other Parts of the Principles | 137 |
G Relation to the Principles of European Law on Commercial | 146 |
Comparative Notes | 148 |
National Notes | 149 |
102 Price | 153 |
Preferred Option | 156 |
Character of the Rule | 157 |
Comparative Overview | 169 |
104 Duty to Cooperate | 182 |
The clients specific duties to cooperate under a service contract | 191 |
105 Circumstances in which the Service Is to Be Performed | 196 |
B Interests at Stake and Policy Considerations | 197 |
B Interests at Stake and Policy Considerations | 204 |
L | 207 |
Comparative Notes | 210 |
107 General Standard of Care for Services | 216 |
G Burden of Proof | 221 |
National Notes | 224 |
M | 225 |
B Interests at Stake and Policy Considerations | 229 |
109 Directions of the Client | 235 |
Comparative Overview | 238 |
Disculpation of the service provider in the event of inadequate | 244 |
Comparative Overview | 250 |
National Notes | 256 |
111 Variation of the Service Contract | 260 |
B Interests at Stake and Policy Considerations | 264 |
Comparative Overview | 265 |
112 Remedies for Breach of Duties of the Service Provider | 274 |
111 Remedies for NonConformity | 277 |
G Character of the Rule | 278 |
The duty to notify of the client in specific contract law | 285 |
114 Limitation of Liability | 288 |
E Relation to PECL and Other Parts of the Principles | 291 |
115 Cancellation of the Service Contract | 300 |
The right of the client to cancel the service in specific contract law | 305 |
Construction | 309 |
Terminology | 311 |
102 Price | 313 |
110 Contractual Duty of | 317 |
115 Cancellation of the Service Contract | 319 |
E Relation to PECL and PELS | 323 |
F Design by the Client or the Constructor | 324 |
National Notes | 326 |
102 Duty to Cooperate of the Client | 329 |
F Nuisance | 337 |
Comparative Overview | 343 |
National Notes | 349 |
105 Inspection Supervision and Acceptance | 352 |
F Constructor Relying on the Knowledge of the Client or Supervisor | 355 |
Obligation to Inspect the Finalised Structure? | 357 |
106 Handing over of the Structure | 366 |
Moment of Payment of the Price | 375 |
Comments | 377 |
109 Specific Performance and Cure | 385 |
E Restrictions to the Right to Cure | 388 |
110 Resort to Other Remedies | 391 |
3 | 401 |
Relation to Other Parts of the Principles | 404 |
109 Directions of the Client | 407 |
Relation to Chapters 2 Construction and 4 Storage | 410 |
G Character of the Rule | 417 |
102 Duty to Cooperate of the Client | 421 |
Preferred Option | 422 |
G The Distinction between Information and Advice | 423 |
E Relation to PECL and Other Parts of the Principles | 435 |
G No Breach of Duty of Care when Warned | 437 |
105 Conformity | 446 |
F Scope of Application of the Rules | 448 |
408 | 450 |
106 Inspection and Supervision | 451 |
G Character of the Rule | 492 |
Storage | 495 |
D | 497 |
B Interests at Stake and Policy Considerations | 507 |
Design and Supervision | 513 |
Place in existing codeslaws | 516 |
Regulation of information and advice | 518 |
102 Precontractual Duty to Warn of the Client | 522 |
Character of the Rule | 525 |
B Interests at Stake and Policy Considerations | 529 |
A General Idea | 533 |
105 Duty of Care of the Storer | 540 |
Comparative Notes | 546 |
A General Idea | 552 |
107 Conformity | 560 |
Right for storehouse to sell the good in case of failure to accept the good? | 566 |
A General Idea | 571 |
109 Duty to Give Account | 575 |
Comparative Notes | 589 |
112 Limitation of Liability | 591 |
410 | 613 |
Design | 615 |
Regulation of design contracts in the existing codeslaws Standard conditions on design contracts | 618 |
102 Precontractual Duty of the Designer to Warn | 638 |
F Character of the Rule | 640 |
103 Duty to Cooperate of the Client | 643 |
104 Duty of Care of the Designer | 650 |
Comments | 651 |
E Relation to PECL and Other Parts of the Principles | 654 |
105 Conformity | 662 |
F Burden of Proof | 667 |
106 Handing over of the Design | 670 |
Handing over of the design | 675 |
107 Duty of the Designer to Keep Records | 676 |
412 | 680 |
Information | 687 |
Basic Principles | 688 |
691 | 693 |
101 Scope of Application | 700 |
102 Circumstances in which the Service Is to Be Performed | 714 |
A General Idea | 715 |
103 Duties of the Information Provider regarding Input | 720 |
359 | 725 |
104 Duty of Care of the Information Provider | 727 |
Comments | 728 |
F Character of the Rule | 733 |
105 Conformity | 746 |
107 Conflict of Interest | 759 |
108 Influence of Ability of the Client | 766 |
109 Causation | 772 |
Burden of proof on causation | 776 |
365 | 780 |
Treatment | 781 |
Relation to Chapter 6 Information | 792 |
101 Scope of Application | 793 |
E Relation to PECL and Other Parts of the Principles | 796 |
367 | 800 |
102 Circumstances in which the service Is to Be performed | 802 |
103 Duties of the Treatment Provider regarding Input | 809 |
104 Duty of Care of the Treatment Provider | 816 |
Standard of care in medical experimentation | 829 |
105 Duty to Inform of the Treatment Provider | 836 |
Duty to inform about alternatives | 842 |
106 Duty to Inform in case of Unnecessary | 853 |
Comparative Overview | 855 |
108 Duty to Obtain Consent | 864 |
A General Idea | 865 |
109 Duty to Give Account | 875 |
Comparative Overview | 879 |
110 Remedies for NonPerformance | 891 |
413 | 894 |
Abbreviations | 903 |
368 | 906 |
414 | 937 |
371 | 943 |
Table of UK Cases | 953 |
973 | |
Other editions - View all
Service Contracts Maurits Barendrecht,Chris Jansen,Marco Loos,Andrea Pinna,Rui Cascao,Stephanie van Gulijk Limited preview - 2006 |
Principles of European Law: Service Contracts Maurits Barendrecht,Chris Jansen,Marco Loos,Andrea Pinna,Rui Cascao,Stephanie Van Gulijk No preview available - 2007 |
Common terms and phrases
accept accordance achieve advice adviser agreed allowed apply Artikel AUSTRIA basis BELGIUM beställaren breach building burden of proof caused CC art Chapter circumstances claim clause client co-operate Comparative completed conclusion condition consequences considered construction constructor consumer contract law costs court damage defects determine directions duty to warn ENGLAND entitled established European event exist expected fact failure FRANCE GERMANY give given hand Illustration imposed information provider interests issue ITALY lead liability limitation materials means necessary needs negligence NETHERLANDS non-performance normally Notes obligation opdrachtgever paragraph particular parties patient PECL performance period person PORTUGAL possible practice present Article principle processor professional prove qualified reasonable referred regarding regulated Relation relevant remedies result risk rules service contract service provider situation SPAIN specific standard storage storehouse storer structure supply SWEDEN term thing treatment treatment provider unless