We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
Published online by Cambridge University Press: 11 February 2021
The case studies included in this volume have been prepared on the basis of a questionnaire, according to the consolidated methodology of the project “The Common Core of European Private Law”. In drafting most of the fictitious disputes, we have drawn inspiration from real litigations adjudicated by courts. We have not only simplified the facts of these real litigations, but also slightly changed them by adding several fictional elements. The names of the parties are purely the product of our fantasy. The questionnaire consists of the following cases.
CASE 1: SEX WORK CONTRACTS
Mr Bighead, a famous sportsman, agreed with Miss Butterfly, a known sex worker, that he would pay her €10,000 for her services. After the contract was performed, Mr Bighead declared that he is not going to pay her anything. Can Miss Butterfly recover the amount promised to her?
CASE 2: CONTRACTS PROMOTING SEX WORK
Mr Pioneer rented out his limousine to Miss Pearl, a known sex worker, on a month-to-month basis for €2,000. After the first month, Mr Pioneer's employees, who are responsible for the maintenance of the vehicle, informed him that they have come across evidence which suggests that the vehicle is being used for the purposes of Miss Pearl's profession. Six months have since lapsed and Miss Pearl failed to pay last month's rent for the use of the vehicle. Can Mr Pioneer recover the unpaid amount?
Variation: Would it make a difference if Mr Pioneer had raised the rent of the vehicle to €3,000 per month after confirming that the vehicle was being used for Miss Pearl's profession?
Case Reference: Pearce v. Brooks [1866] LR 1 Ex 213.
CASE 3: CONTRACTS PROMOTING TELEPHONE SEX
Wicked Ltd, a telephone sex service provider, concluded a contract with Fun Ltd for the marketing of telephone cards. In connection with this marketing contract, the two companies concluded a loan contract by which Wicked Ltd borrowed €50,000 from Fun Ltd. Wicked Ltd delivered to Fun Ltd telephone sex cards and other telephone sex-related services for a value of €80,000. Some months later, the business relationship between Wicked Ltd and Fun Ltd started to deteriorate until it was eventually terminated. Fun Ltd has claimed from Wicked Ltd the repayment of the €50,000 loan. Can Wicked Ltd set off the claim and counterclaim €30,000 from Fun Ltd as payment for the delivered services?
To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.
