Roman Foundations of the Civilian Tradition

Author: Reinhard Zimmermann

Publisher: Clarendon Press

ISBN: 9780198764267

Category: Law

Page: 1241

View: 9413

Scholarly survey of the Law of Obligations form classical to modern times. Discusses each contract, tort, and liability based on unjust enrichment with great clarity and traces their development over hundreds of years through the legal systems of Europe
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Essays on Contract, Tort and Restitution

Author: Andrew Burrows

Publisher: Bloomsbury Publishing

ISBN: 1847316751

Category: Law

Page: 248

View: 2477

NEW in paperback From the Reviews of the hardback edition: This is a fascinating and thought-provoking collection of eight essays..... Taken together they represent a coherent and compelling exposition of the English law of obligations.... One is left with the picture of an [author] ... who remains a devotee of "practical scholarship" and the deductive technique of the common law and has a grasp on its intricacies second to non." Edwin Peel, The Law Quarterly Review, 1999 "[These essays], all concerned with various aspects of contract, tort and unjust enrichment, are a pleasure to peruse, and a distinct cut above the usual lacklustre collection of past triumphs now beyond their sell-by date. Without exception they are both topical and relevant: ... together they form a readable, scholarly and eclectic mixture of exposition and polemic, of speculation and analysis" Andrew Tettenborn, The Cambridge Law Journal, 1999 "..quite simply the most convincing and complete explanation of the law of obligations that is currently available - the book is thorough, compelling, definitive, and highly important." Paul Kearns, Anglo-American Law Review, 1999 "an extremely important work, produced by a leading academic." David Wright, Adelaide Law Review
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Author: David J. Ibbetson

Publisher: Oxford University Press on Demand

ISBN: 9780198764113

Category: Law

Page: 307

View: 2705

This work traces the history of the English Law of obligations from the twelfth century to the present day. It aims to cut through technicalities and to be comprehensible to readers other than specialist legal historians. It should be of interest to all those wanting to understand how the English Common law has revolved.
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Author: Peter Birks,Eric Descheemaeker

Publisher: Oxford University Press, USA

ISBN: 0198719272

Category: Law

Page: 303

View: 1743

This volume contains Birks' notes on a series of lectures on the Roman law of obligations delivered in 1982. They give a comprehensive insight into his views on the topic, which are relevant in both a Roman context and also from a modern English perspective. The book examines, in turn, the law of contracts with its general principles and rule applications to the transactions mentioned in the Institutes; the law of delicts; and finally the miscellany of residual obligations from which the later categories of quasi-contracts and quasi-delicts, but also the modern law of unjust enrichment, emerged.
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Author: Geoffrey Samuel

Publisher: Edward Elgar Pub

ISBN: N.A

Category: Law

Page: 358

View: 7190

'This book presents a brilliant account of the most important and current doctrines of tort and contract law, as well as some central aspects of unjust enrichment and remedies. Professor Geoffrey Samuel guides the reader with disconcerting ease and sophistication through the essential substance of the law of obligations. With the help of legal history and theory, he also analyses the specificity of English law as compared to the civil law and warns against the dangers of transplanting without care categories and concepts from one place to the other. In doing so, Professor Samuel offers a fundamental contribution to the understanding of the currently much debated Europeanization of private law. Law students and scholars as well as practitioners will very much enjoy the compelling sharpness of the analysis and the clarity of the language.'-Franz Werro, Centre of Transnational Legal Studies, London, UK 'The added value of this book is in both the unusually rich teaching experience which inspires its design - the author has for many years risen to the challenge of making the common law comprehensible to students formed within the civilian tradition - and the remarkable depth of his interdisciplinary and comparative research in the field of legal method and epistemology, which underlies its content.'-Horatia Muir-Watt, Sciences-po, Paris, France 'Professor Samuel has drawn on his extensive knowledge of several legal systems to produce a valuable and timely work of comparative law. Many aspects of private law are examined from a common law and from a civil law perspective and in the light of modern European harmonisation documents. This is essential reading for common lawyers seeking to understand the civil law, for civilians seeking to understand the common law, and offers to both groups a better understanding of their own systems.'-Stephen Waddams, University of Toronto, Canada
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Author: John Bell,Sophie Boyron,Simon Whittaker

Publisher: OUP Oxford

ISBN: 0191018899

Category: Law

Page: 616

View: 4566

Principles of French Law offers a comprehensive introduction to French law and the French legal system in terms which a common lawyer can understand. The authors give an explanation of the institutions, rules and techniques that characterize the major branches of French law. The chapters provide the reader with a clear sense of the questions that French lawyers see as important and how they would answer them. In the ten years since the publication of the first edition, French law has changed in significant ways. European Union law and the European Convention on Human Rights have had a significant impact, especially on procedural law and family law. There has been a new Commercial Code, major legislation on divorce, succession and criminal law, as well as significant developments in the Constitution. In addition, there have been considerable developments in the case-law and a much discussed proposal for reform of major areas of the law of obligations. The chapters present not only the rules of law, but, where appropriate, the principles and values underlying the system. Considerable use is made of juristic literature and of examples from French case law. The book is designed for students studying French law at both undergraduate and postgraduate level, and as preliminary reading for students about to study in France. It will also serve as an initial point of reference for scholars embarking on a study of French law.
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Author: Andrew Burrows

Publisher: Oxford University Press

ISBN: 0191063274

Category: Law

Page: N.A

View: 8212

Principles of the English Law of Obligations provides students with a high-quality overview of this key area of English law. Drawing together updated chapters from the third edition of English Private Law, the subjects covered include contract, tort and equitable wrongs, unjust enrichment, and remedies. Written by a team of acknowledged experts, the chapters give a clear, simple, and accurate overview of the guiding principles and rules of the English law of obligations, including contract and tort, which are compulsory subjects for law degrees and on professional courses. Whether looking for an accessible, conceptual introduction to the area or a handy revision reference, students will find this book invaluable.
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The Search for Harmonised Principles

Author: Sirko Harder

Publisher: Bloomsbury Publishing

ISBN: 1847317472

Category: Law

Page: 330

View: 1382

This book challenges certain differences between contract, tort and equity in relation to the measure (in a broad sense) of damages. Damages are defined as the monetary award made by a court in consequence of a breach of contract, a tort or an equitable wrong. In all these causes of action, damages usually aim to put the claimant into the position the claimant would be in without the wrong. Even though the main objective of damages is thus the same for each cause of action, their measure is not. While some aspects of the measure of damages are more or less harmonised between contract, tort and equity (e.g. causation in fact and mitigation), significant differences exist in relation to (1) remoteness of damage, which is the question of whether, when and to which degree damage needs to be foreseeable to be recoverable; (2) the compensability of non-pecuniary loss such as pain and suffering, distress and loss of reputation; (3) the effect of contributory negligence, which is the victim's contribution to the occurrence of the wrong or the ensuing loss through unreasonable conduct prior to the wrong; (4) the circumstances under which victims of wrongs can claim the gain the wrongdoer has made from the wrong; and (5) the availability and scope of exemplary (or punitive) damages. For each of the five topics, this book examines the present position in contract, tort and equity and establishes the differences between the three areas. It goes on to scrutinise the arguments in defence of existing differences. The conclusion on each topic is that the present differences between contract, tort and equity cannot be justified on merits and should be removed through a harmonisation of the relevant principles.
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Divergence and Unity

Author: Andrew Robertson,Michael Tilbury

Publisher: Bloomsbury Publishing

ISBN: 178225658X

Category: Law

Page: 376

View: 1391

The development of the law of obligations across the common law world has been, and continues to be, a story of unity and divergence. Its common origins continue to exert a powerful stabilising influence, carried forward by a methodology that places heavy weight on the historical foundations of legal principles. Divergence is, however, produced by numerous factors, including national and international human rights instruments, local statutory regimes, civil law influences, regional harmonisation, local circumstances and values and different political and legal cultures. The essays in this collection explore the forces that produce divergence, the countervailing forces that generate cohesion and consistency in the common law of obligations, and the influence that the major common law jurisdictions continue to exert over one another in this area of law. The chapters in this book were originally presented at the Seventh Biennial Conference on the Law of Obligations held in Hong Kong in July 2014. A second collection, entitled Divergences in Private Law (ISBN: 9781782256601), will focus on particular departures from the common law mainstream and the causes and effects of those deviations.
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Essays in Celebration of John Fleming

Author: Peter Cane,Jane Stapleton

Publisher: Oxford University Press

ISBN: 0198264844

Category: Law

Page: 430

View: 6594

In this collection of essays, which range widely over tort law, legal theory and legal history, distinguished academics and members of the judiciary pay tribute to the late John Fleming, one of the most important and influential writers on the law.
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Author: Rob Merkin,Jenny Steele

Publisher: OUP Oxford

ISBN: 019150792X

Category: Law

Page: 464

View: 3229

It is widely acknowledged that insurance has a major impact on the operation of tort and contract law regimes in practice, yet there is little sustained analysis of their interaction. The majority of academic private lawyers have little knowledge of insurance law in its own right, and the amount of discussion directed to insurance in private law theory is disproportionately small in relation to its practical importance. Filling this substantial gap in the literature, this book explores the multiple influences of insurance in the law of obligations, and the nature and impact of insurance law as an inherent and significant aspect of private law. It combines conceptual and doctrinal analysis, informing the theoretical discussion of the nature of private law, including the role of judicial and public purpose, and the place of formalism and of contextualism in normative theories of private law. Arguing for the wider recognition of the multiple impacts of insurance, the book claims that recognition of the presence of insurance necessarily marks a departure from the two-party framework sometimes described as definitive of private law. The structured exploration and interpretation of the contemporary role of insurance in the law of obligations, and of its implications, illuminates this under-explored area of private law, and equips the reader for further enquiry and debate.
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Comparative Reflections on the Avant-projet de réforme du droit des obligations et de la prescription ('the Avant-projet Catala')

Author: John Cartwright,Stefan Vogenauer,Simon Whittaker

Publisher: Bloomsbury Publishing

ISBN: 1847317219

Category: Law

Page: 950

View: 5192

The 2005 Avant-projet de réforme du droit des obligations et de la prescription, also dubbed the Avant-projet Catala, suggests the most far-reaching reform of the French Civil code since it came into force in 1804. It reviews central aspects of contract law, the law of delict and the law of unjustified enrichment. There is currently a very lively debate in France as to the merits or the demerits of both the particular draft provisions and the general idea of recodification as such. This volume is the first publication to introduce the reform proposals to an English speaking audience. It contains the official English translation of the text, and distinguished private lawyers from both England and France analyse and assess particularly interesting aspects of the substantive draft provisions in a comparative perspective. Topics covered include negotiation and renegotiation of contracts, la cause, the enforcement of contractual obligations, termination of contract and its consequences, the effects of contracts on third parties, the definition of la faute, the quantification of damages, and the law of prescription. The volume also contains an overall assessment of the draft provisions by one of the most senior French judges who chaired the Working Party on the Avant-projet, established by the French Supreme Court, the Cour de cassation. The book is indispensable for comparative private lawyers and lawyers with a particular interest in French law. It is also of use to all private lawyers (both academics and practitioners) looking for information on recent international and European trends in contract and tort.
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Author: Geoffrey Samuel

Publisher: Routledge

ISBN: 1135342105

Category: Law

Page: 644

View: 4743

This book examines the notion of a law of obligations as a conceptual category in itself; and, in doing this, it presents the foundational material in a context that draws on some comparative and theoretical ideas while, at the same time, emphasising the special characteristics of the common law. The book is specifically designed to act as an introduction to the legal research skills of reasoning and method. It also looks at the foundations of civil liability in a way that emphasises the interrelationship of source materials, problem solving and conceptual analysis and justification.
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Author: Basil Markesinis,Werner Lorenz,Gerhard Dannemann

Publisher: N.A

ISBN: 9780198260530

Category: Contracts

Page: 992

View: 8547

With its companion volume, The Law of Torts, this two-volume work provides a full scale treatise on the German Law of Obligations (Contract, Restitution and Tort) written in a comparative way and with a Common Law reader in mind. A commentary, which amounts to about half of the book, is accompanied by some 250 translations of leading German cases. This should prove a useful work for students and academics with an interest in German and Comparative law.
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