Service Contracts: (PEL SC)

Front Cover
sellier. european law publ., 2007 - 1033 pages
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.
 

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
107 Conflict of Interest
22
G Character of the Rule
492
General Comments
495
C
508
H Remedies
514
Place in existing codeslaws
516
102 Precontractual Duty to Warn of the Client
522
B Interests at Stake and Policy Considerations
529
A General Idea
533

104 Duty of Care of the Treatment Provider
23
108 Duty to Obtain Consent
24
Dutch 26
26
French
53
German
77
Swedish
102
General Introduction
127
General Provisions
131
Relation to Other Parts of the Principles
137
G Relation to the Principles of European Law on Commercial
146
Comparative Notes
148
102 Price
153
National Notes
159
Comments
163
C
169
104 Duty to Cooperate
182
Comparative Notes
191
The service providers duty to cooperate
192
105 Circumstances in which the Service Is to Be Performed
196
C
198
Comparative Notes
210
107 General Standard of Care for Services
216
National Notes
224
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
G Character of the Rule
278
114 Limitation of Liability
288
1
300
Construction
309
V
321
F Design by the Client or the Constructor
324
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
Right to Supervise and Inspect During the Performance of the Service? Obligation to Inspect the Finalised Structure?
357
4
365
106 Handing over of the Structure
366
Moment of Payment of the Price
375
Comparative Notes
381
109 Specific Performance and Cure
385
E Restrictions to the Right to Cure
388
110 Resort to Other Remedies
391
Basic Principles
401
Relation to Other Parts of the Principles
404
I
406
Comments
413
102 Duty to Cooperate of the Client
421
Preferred Option
422
E Relation to PECL and Other Parts of the Principles
435
G No Breach of Duty of Care when Warned
437
105 Conformity
446
106 Inspection and Supervision
451
E Relation to PECL and Other Parts of the Principles
453
108 Payment of the Price
461
107 Payment of the Price
463
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
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
C
572
109 Duty to Give Account
575
Comparative Notes
579
Comparative Overview
582
E Relation to PECL and Other Parts of the Principles
588
112 Limitation of Liability
591
E Relation to PECL and Other Parts of the Principles
594
Limitation of liability in case of damage caused
596
B Interests at Stake and Policy Considerations
602
G Burden of Proof
608
Design
615
I
619
102 Precontractual Duty of the Designer to Warn
638
Comparative Notes
641
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
Information
687
Basic Principles
688
Terminology
689
111 Variation of the Service Contract
695
101 Scope of Application
700
B Interests at Stake and Policy Considerations
701
Regulation of information and advice
707
Regulation of design contracts in the existing codeslaws 2 Standard conditions on design contracts
712
102 Circumstances in which the Service Is to Be Performed
714
A General Idea
715
103 Duties of the Information Provider regarding Input
720
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
Treatment
781
101 Scope of Application
793
E Relation to PECL and Other Parts of the Principles
796
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
National Notes
856
108 Duty to Obtain Consent
864
A General Idea
865
109 Duty to Give Account
875
Comparative Overview
879
110 Remedies for NonPerformance
891
F Character of the Rule
897
Abbreviations
903
Table of Codes and Statutes
937
Table of UK Cases
953
Index
973
H Remedies
1004
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