CLT638 Comparative Commercial Law Essay | Cardiff University

Questions / Cwestiynau:

Complete one of the following essay titles / Cwblhewch un o’r traethodau canlynol

1). “In many civil law systems, and perhaps in most legal systems outside the common law world, the law of obligations recognises and enforces an overriding principle that in making and carrying out contracts parties should act in good faith. This does not simply mean that they should not deceive each other, a principle which any legal system must recognise; its effect is perhaps most aptly conveyed by such metaphorical colloquialisms as ‘fair’, ‘coming clean’ or ‘putting one’s cards face upwards on the table.’ It is in essence a principle of fair and open dealing. […] English law has, characteristically, committed itself to no such overriding principle but has developed piecemeal solutions in response to demonstrated problems of unfairness.”1

Critically discuss this statement.

2). Critically consider the role of repair as a contractual remedy for nonconforming goods in commercial sales in common law and civil law jurisdictions. In light of the necessity to embed circular economy principles in modern commercial law reforms, could the law governing commercial sales better promote the availability of a right of repair whilst ensuring the protection of the buyer’s performance interest?

3). Critically compare the United States and English approaches in protecting the unpaid seller in the event of a buyer’s insolvency. In your opinion, which solution best ensures certainty and predictability in commercial transactions?