AbstractAlthough the laws of error and misrepresentation have a decisive impact on contract and contractual relationship, existing studies of Islamic jurisprudence, and the CISG have occasionally discussed or considered these fundamental topics. These legal systems do not assume the obvious approach found in comparison with their counterparts, English and Scottish contract laws, which form independent and comprehensive concepts in their legal research and argument. This thesis fills the gap in the literature by a comparative, critical analysis studying error and misrepresentation in Islamic contract law and the CISG, with the purpose of developing these concepts based on English and Scottish contract law in general and English law in particular as the main guidance, from which the organisational structure is derived for clear definitions of the categories of error and misrepresentation.
This thesis investigates the linguistic and historic streams of the concept of error and misrepresentation in Islamic contract law “relying on the Qur’anic context”, thus creating entirely different approach to both concepts, and giving further guidance to other researchers to develop and improve their view of these significant concepts.
Based on the existing studies and theories, this thesis analyses and criticises in particular the views of English and Scottish law with respect to the categories of error and misrepresentation. At the same time, this study builds a new approach to the concepts of error and misrepresentation by analysing and criticising relevant case law arguments, and by synthesising some types of error. This thesis offers a thorough comparison especially between Islamic and English contract law. These views are designed to introduce the legal systems cited in this thesis closer to each other and will establish an interactive approach, especially between Islamic and English contract law. Therefore, this thesis establishes a new Islamic-Anglo approach to misrepresentation as a result of actual interactivity between these legal systems.
As a result, the author of this thesis offers an extensive critical analysis of the concepts of error and misrepresentation in the Palestinian Draft Civil Law, producing academic recommendations to be taken into consideration by its draftspersons. These recommendations can also be applied to Egyptian and Jordanian civil law.
|Date of Award||2010|
|Supervisor||Maria O'Neill (Supervisor) & Kenneth Swinton (Supervisor)|