Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where limited critical commentaries have been published in the English language. Each volume in the series aims to offer an insider's perspective into specific areas of contract law - remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy - and explores how these diverse jurisdictions address common problems encountered in contractual disputes. A concluding chapter draws out the convergences and divergences, and other themes. All the Asian jurisdictions examined have inherited or adopted the common law or civil law models of European legal systems. Scholars of legal transplant will find a mine of information on how received law has developed after the initial adaptation and transplant process, including the mechanisms of and influences affecting these
developments. At the same time, many points of convergence emerge. These provide good starting points for regional harmonization projects.
Volume IV of Studies in the Contract Laws of Asia deals with factors affecting the validity of contracts (mistake, fraud, misrepresentation, coercion, and unfair exploitation) in the laws of China, Hong Kong, India, Indonesia, Japan, Korea, Malaysia, Myanmar, the Philippines, Singapore, Taiwan, Thailand, and Vietnam.Typically, each jurisdiction is covered in two chapters; the first deals with erroneous beliefs, while the second deals with reprehensible conduct of one of the contracting parties.
Table of Cases
Table of Legislation
List of Contributors
List of Abbreviations
1. Introductions, Mindy CHEN-WISHART, Hiroo SONO, and Stefan VOGENAUER
CHINA: ERRONEOUS BELIEFS
2. The Doctrine of Mistake and the Rule on Gross Misunderstanding in Chinese Contract Law, SHEN Wei
CHINA: REPREHENSIBLE CONDUCT
3. Duress and Exploitation in Chinese Contract Law, WANG Yi
HONG KONG: ERRONEOUS BELIEFS
4. Mistake and Misrepresentation in Hong Kong Contract Law, Rebecca LEE
HONG KONG: REPREHENSIBLE CONDUCT
5. Reprehensible Conduct: Threats and Unfair Exploitation in Hong Kong, Lusina HO
INDIA: ERRONEOUS BELIEFS
6. Fraud, Misrepresentation, and Mistake in Indian Contract Law, KV Krishnaprasad
INDIA: REPREHENSIBLE CONDUCT
7. Coercion, Undue Influence, and Unconscionability in Indian Contract Law, Shivprasad Swaminathan
INDONESIA: ERRONEOUS BELIEFS
8. Defects of Consent: Fraud and Mistake in Indonesian Contract Law, Muhammed Rifky Wicaksono
INDONESIA: REPREHENSIBLE CONDUCT
9. Threats and Unfair Exploitation in Indonesia, Gary F Bell
JAPAN: ERRONEOUS BELIEFS
10. The Regulation of Mistake, Fraud, and Misrepresentation in Japan, KIHARA Hiroyuki
JAPAN: REPREHENSIBLE CONDUCT
11. Threats and Unfair Exploitation under Japanese Law, Hiroo SONO
KOREA: ERRONEOUS BELIEFS
12. Mistake, Fraud, and Misrepresentation in Korea, KWON Youngjoon
KOREA: REPREHENSIBLE CONDUCT
13. Duress, Undue Influence, and Unconscionability under Korean Law, AHN Tae Yong
MALAYSIA: ERRONEOUS BELIEFS
14. Mistake, Fraud, and Misrepresentation in Malaysian Contract Law, TAY Pek San
MALAYSIA: REPREHENSIBLE CONDUCT
15. Contracts Resulting from Threats and Unfair Exploitation: The Position under Malaysian Contract Law, CHEONG May Fong and LEE Yin Harn
MYANMAR: ERRONEOUS BELIEFS AND REPREHENSIBLE CONDUCT
16. Invalidity in the Myanmar Law of Contract, Adrian BRIGGS
PHILIPPINES: ERRONEOUS BELIEFS AND REPREHENSIBLE CONDUCT
17. Invalidity of Contract in the Philippines: Grounds for Annulment Based on Defects of Intellect and Will, Michael Anthony C DIZON and Jose Jesus JM DISINI
SINGAPORE: ERRONEOUS BELIEFS
18. Misrepresentation and Mistake in Singapore Contract Law, Kelry CF LOI
SINGAPORE: REPREHENSIBLE CONDUCT
19. Duress, Undue Influence, and Unconscionability in Contract Law: A View from Singapore, Burton ONG
TAIWAN: ERRONEOUS BELIEFS
20. Mistake, Fraud, and Misrepresentation in Taiwanese Law: A Comparative Study, Tsung-Fu CHEN
TAIWAN: REPREHENSIBLE CONDUCT
21. Threat and Unfair Exploitation under Taiwanese Private Law, Sheng-Lin JAN
THAILAND: ERRONEOUS BELIEFS AND REPREHENSIBLE CONDUCT
22. Invalidity of Contract in Thai Law: Defects in Consent, Munin PONGSAPAN
VIETNAM: ERRONEOUS BELIEFS AND REPREHENSIBLE CONDUCT
23. Invalidity Due to Defects of Consent in Vietnam, DO Giang Nam and TRAN Kien
24. Invalidity of Contracts in Asia: Comparative Conclusions, Hugh BEALE
Bibliographies
Index
Mindy Chen-Wishart is Dean, and Professor at the Faculty of Law at Oxford University and a Fellow of Merton College. She holds a fractional Professorship at the National University of Singapore and a Visiting Professor, Hong Kong University. She is author of Contract Law (6th ed), and of numerous articles on the theory, doctrine and comparative law of contract. She is an Editor of Chitty on Contracts (34th ed, forthcoming), is a member of the Advisory Group on A Restatement of the English Law of Contract, and has lectured to the Judicial College of England and Wales.
Hiroo Sono is Professor at the Graduate School of Law at Hokkaido University. He received an LL.M. degree from the University of Michigan Law School in 1990. He is the author of numerous publications in the fields of contract law, transnational commercial law, and unification of law. He is a member of the CISG Advisory Council (CISG-AC) and is also involved in various projects on unification and harmonization of private law at UNCITRAL and UNIDROIT, particularly in the field of international commercial contracts and secured transactions.
Stefan Vogenauer, prior to his current position was a Senior Research Fellow, Max Planck Institute for Comparative and International Private Law, Hamburg (2002-3); as well as Professor of Comparative Law and Director of the Institute of European and Comparative Law at the University of Oxford (2003-15). He is the author of numerous publications in the fields of legal history, European and comparative private law, transnational commercial law and legal method.
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