30 Book IV

The main change in Book IV has been the elimination of redundant or overlapping provisions, including some provisions which repeated the substance of rules already found in Books II or III. The presence of these redundant provisions had been rightly criticised by commentators on the Interim Outline Edition. Most of these provisions had a proper role to play in the self-standing PEL Books in order to complete the picture but are unnecessary in the DCFR. In a few cases, new or revised rules in earlier Books (e. g. on tacit prolongation and interpretation against the dominant party) enabled provisions in Book IV which were formerly necessary to be now deleted. A slight adjustment has been made in IV. A. — 2:305 (Third party rights or claims in general) in order to bring the text into line with the agreed policy as expressed in the comments. Several changes have been made in the Chapter on mandate. These were made partly to make it more clear that the chapter applies not only to contracts for the conclusion of a contract for the principal but also to contracts, for example with estate agents or brokers of various kinds, for the negotiation or facilitation of a contract to be concluded by the principal and, given that scope, partly in the interests of more precise terminology. For example, an estate agent with authority to negotiate but not conclude a contract for the principal is more accurately described as an ‘agent’ than as a ‘representative’, which was the word used in the Interim Outline Edition.