Service Contracts
Principles of European Law
Published on 29. November 2006
Book
Hardback
LX, 1034 pages
978-3-935808-41-5 (ISBN)
Description
The rules presented in this volume of "Principles of European Law" deal with service contracts. The economic importance of service contracts within the European Union 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). A first chapter provides general provisions common to all service contracts. Representation services will be dealt with in a separate volume.
For each service contract, the principles aim at solving legal issues that arise as of 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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Maurits Barendrecht | Chris Jansen | Marco Loos
Service Contracts
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11/2006
Sellier European Law Publishers
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Content
Text of Articles
Principles of European Law on
Service Contracts
General Introduction
Chapter 1: General Provisions
General Comments
Relation to Other Parts of the Principles
Article 1:101: Scope of Application
Article 1:102: Price
Article 1:103: Pre-contractual Duties to Warn
Article 1:104: Duty to Co-operate
Article 1:105: Circumstances in which the Service Is to Be Performed
Article 1:106: Duties of the Service Provider regarding Input
Article 1:107: General Standard of Care for Services
Article 1:108: Result Stated or Envisaged by the Client
Article 1:109: Directions of the Client
Article 1:110: Contractual Duty of the Service Provider to Warn
Article 1:111: Variation of the Service Contract
Article 1:112: Remedies for Breach of Duties of the Service Provider
Article 1:113: Failure to Notify for Non-Conformity
Article 1:114: Limitation of Liability
Article 1:115: Cancellation of the Service Contract
Chapter 2: Construction
General Comments
Relation to Other Parts of the Principles
Article 2:101: Scope of Application
Article 2:102: Duty to Co-operate of the Client
Article 2:103: Duty of Care of the Constructor
Article 2:104: Conformity
Article 2:105: Inspection, Supervision and Acceptance
Article 2:106: Handing over of the Structure
Article 2:107: Payment of the Price
Article 2:108: Risks
Article 2:109: Specific Performance and Cure
Article 2:110: Resort to Other Remedies
Article 2:111: Prescription of Remedies based on Non-Conformity
Chapter 3: Processing
General Comments
Relation to Other Parts of the Principles
Article 3:101: Scope of Application
Article 3:102: Duty to Co-operate of the Client
Article 3:103: Circumstances in which the Service Is to Be Performed
Article 3:104: Duty of Care of the Processor
Article 3:105: Conformity
Article 3:106: Inspection and Supervision
Article 3:107: Return of the Thing
Article 3:108: Payment of the Price
Article 3:109: Risks
Article 3:110: Specific Performance and Cure
Article 3:111: Resort to Other Remedies
Article 3:112: Limitation of Liability
Chapter 4: Storage
General Comments
Relation to Other Parts of the Principles
Article 4:101: Scope of Application
Article 4:102: Pre-contractual Duty to Warn of the Client
Article 4:103: Circumstances in which the Service Is to Be Performed
Article 4:104: Duties of the Storer regarding Input
Article 4:105: Duty of Care of the Storer
Article 4:106: Return of the Thing
Article 4:107: Conformity
Article 4:108: Payment of the Price
Article 4:109: Duty to Give Account
Article 4:110: Risks
Article 4:111: Remedies for Non-Conformity
Article 4:112: Limitation of Liability
Article 4:113: Liability of the Hotel-Keeper
Chapter 5: Design
General Comments
Relation to Other Parts of the Principles
Article 5:101: Scope of Application
Article 5:102: Pre-contractual Duty of the Designer to Warn
Article 5:103: Duty to Co-operate of the Client
Article 5:104: Duty of Care of the Designer
Article 5:105: Conformity
Article 5:106: Handing over of the Design
Article 5:107: Duty of the Designer to Keep Records
Article 5:108: Limitation of Liability
Chapter 6: Information
General Comments
Relation to Other Parts of the Principles
Article 6:101: Scope of Application
Article 6:102: Circumstances in which the Service Is to Be Performed
Article 6:103: Duties of the Information Provider regarding Input
Article 6:104: Duty of Care of the Information Provider
Article 6:105: Conformity
Article 6:106: Duty to Give Account
Article 6:107: Conflict of Interest
Article 6:108: Influence of Ability of the Client
Article 6:109: Causation
Chapter 7: Treatment
General Comments
Relation to Other Parts of the Principles
Article 7:101: Scope of Application
Article 7:102: Circumstances in which the service Is to Be performed
Article 7:103: Duties of the Treatment Provider regarding Input
Article 7:104: Duty of Care of the Treatment Provider
Article 7:105: Duty to Inform of the Tr
Principles of European Law on
Service Contracts
General Introduction
Chapter 1: General Provisions
General Comments
Relation to Other Parts of the Principles
Article 1:101: Scope of Application
Article 1:102: Price
Article 1:103: Pre-contractual Duties to Warn
Article 1:104: Duty to Co-operate
Article 1:105: Circumstances in which the Service Is to Be Performed
Article 1:106: Duties of the Service Provider regarding Input
Article 1:107: General Standard of Care for Services
Article 1:108: Result Stated or Envisaged by the Client
Article 1:109: Directions of the Client
Article 1:110: Contractual Duty of the Service Provider to Warn
Article 1:111: Variation of the Service Contract
Article 1:112: Remedies for Breach of Duties of the Service Provider
Article 1:113: Failure to Notify for Non-Conformity
Article 1:114: Limitation of Liability
Article 1:115: Cancellation of the Service Contract
Chapter 2: Construction
General Comments
Relation to Other Parts of the Principles
Article 2:101: Scope of Application
Article 2:102: Duty to Co-operate of the Client
Article 2:103: Duty of Care of the Constructor
Article 2:104: Conformity
Article 2:105: Inspection, Supervision and Acceptance
Article 2:106: Handing over of the Structure
Article 2:107: Payment of the Price
Article 2:108: Risks
Article 2:109: Specific Performance and Cure
Article 2:110: Resort to Other Remedies
Article 2:111: Prescription of Remedies based on Non-Conformity
Chapter 3: Processing
General Comments
Relation to Other Parts of the Principles
Article 3:101: Scope of Application
Article 3:102: Duty to Co-operate of the Client
Article 3:103: Circumstances in which the Service Is to Be Performed
Article 3:104: Duty of Care of the Processor
Article 3:105: Conformity
Article 3:106: Inspection and Supervision
Article 3:107: Return of the Thing
Article 3:108: Payment of the Price
Article 3:109: Risks
Article 3:110: Specific Performance and Cure
Article 3:111: Resort to Other Remedies
Article 3:112: Limitation of Liability
Chapter 4: Storage
General Comments
Relation to Other Parts of the Principles
Article 4:101: Scope of Application
Article 4:102: Pre-contractual Duty to Warn of the Client
Article 4:103: Circumstances in which the Service Is to Be Performed
Article 4:104: Duties of the Storer regarding Input
Article 4:105: Duty of Care of the Storer
Article 4:106: Return of the Thing
Article 4:107: Conformity
Article 4:108: Payment of the Price
Article 4:109: Duty to Give Account
Article 4:110: Risks
Article 4:111: Remedies for Non-Conformity
Article 4:112: Limitation of Liability
Article 4:113: Liability of the Hotel-Keeper
Chapter 5: Design
General Comments
Relation to Other Parts of the Principles
Article 5:101: Scope of Application
Article 5:102: Pre-contractual Duty of the Designer to Warn
Article 5:103: Duty to Co-operate of the Client
Article 5:104: Duty of Care of the Designer
Article 5:105: Conformity
Article 5:106: Handing over of the Design
Article 5:107: Duty of the Designer to Keep Records
Article 5:108: Limitation of Liability
Chapter 6: Information
General Comments
Relation to Other Parts of the Principles
Article 6:101: Scope of Application
Article 6:102: Circumstances in which the Service Is to Be Performed
Article 6:103: Duties of the Information Provider regarding Input
Article 6:104: Duty of Care of the Information Provider
Article 6:105: Conformity
Article 6:106: Duty to Give Account
Article 6:107: Conflict of Interest
Article 6:108: Influence of Ability of the Client
Article 6:109: Causation
Chapter 7: Treatment
General Comments
Relation to Other Parts of the Principles
Article 7:101: Scope of Application
Article 7:102: Circumstances in which the service Is to Be performed
Article 7:103: Duties of the Treatment Provider regarding Input
Article 7:104: Duty of Care of the Treatment Provider
Article 7:105: Duty to Inform of the Tr