ABSTRACT

The object of the present contribution is to provide an illustration of comparative law as comparative jurisprudence. It is a view of comparative law that I and others have defended elsewhere.1 The issue that I propose to use for that purpose is the objective/subjective theory of contract, as revealed through a comparative study of the French, German, and English law of mistakes in assumption. The issue is a complex one deserving of much fuller treatment than can be given here. My aim is only to provide the reader with a sense of how one would go about conducting such a study from the perspective of comparative law as comparative jurisprudence.