Roman Foundations of the Civilian Tradition

Author: Reinhard Zimmermann

Publisher: Clarendon Press

ISBN: 9780198764267

Category: Law

Page: 1241

View: 4027

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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Author: David J. Ibbetson

Publisher: Oxford University Press on Demand

ISBN: 9780198764113

Category: Law

Page: 307

View: 9407

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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Essays on Contract, Tort and Restitution

Author: Andrew Burrows

Publisher: Bloomsbury Publishing

ISBN: 1847316751

Category: Law

Page: 248

View: 4163

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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Connections and Boundaries

Author: Andrew Robertson

Publisher: Routledge

ISBN: 1135393486

Category: Law

Page: 250

View: 1056

This collection of essays makes an important contribution to debate about the structure underlying private law and the relationships between its different branches. The contributors, including leading private law scholars from Australia, England and Canada, provide valuable insights by looking beyond the traditional categories and accepted structure of the law of obligations. This book covers three topics. The first is concerned with classification and the law of remedies. The chapters on this topic deal with both the classification of remedies themselves and with remedial issues that cross classificatory boundaries within the law of obligations. The chapters on the second topic reconsider some of the boundaries drawn by judges and scholars within the law of obligations. The third topic deals with the relationship between obligations and property. The chapters in this book offer illuminating new perspectives on fundamental issues in the law of obligations. Together, they provide a thought-provoking reconsideration of connections and boundaries in private law.
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Author: Saul Litvinoff,Paul M. Hebert Law Center. Center of Civil Law Studies

Publisher: N.A

ISBN: N.A

Category: Law

Page: 807

View: 1932

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Author: Andrew Burrows

Publisher: Oxford University Press

ISBN: 0191063274

Category: Law

Page: N.A

View: 4500

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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Author: Geoffrey Samuel

Publisher: Edward Elgar Pub

ISBN: N.A

Category: Law

Page: 358

View: 1223

'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: Peter Birks,Eric Descheemaeker

Publisher: Oxford University Press, USA

ISBN: 0198719272

Category: Law

Page: 303

View: 5631

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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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: 2279

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: Rob Merkin,Jenny Steele

Publisher: Oxford University Press

ISBN: 0199645744

Category: Law

Page: 414

View: 5970

Filling a gap in the understanding of private law, this book identifies the ways in which private law is deeply affected by insurance, and provides a structured exploration and interpretation of the ways in which insurance influences private law. It aims to change existing opinions about the limited theoretical importance of insurance, and to equip lawyers in general with the understanding of insurance contracts that they need in order to appreciate the public andprivate role of insurance more fully.
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The Search for Harmonised Principles

Author: Sirko Harder

Publisher: Bloomsbury Publishing

ISBN: 1847315909

Category: Law

Page: 330

View: 1210

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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Essays in Celebration of John Fleming

Author: Peter Cane,Jane Stapleton

Publisher: Oxford University Press

ISBN: 0198264844

Category: Law

Page: 430

View: 2304

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: Basil Markesinis,Werner Lorenz,Gerhard Dannemann

Publisher: N.A

ISBN: 9780198260530

Category: Contracts

Page: 992

View: 8242

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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