Understanding the Law of Obligations

Essays on Contract, Tort and Restitution

Author: Andrew Burrows

Publisher: Bloomsbury Publishing

ISBN: 1847316751

Category: Law

Page: 248

View: 4732

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

The Law of Obligations

Roman Foundations of the Civilian Tradition

Author: Reinhard Zimmermann

Publisher: Clarendon Press

ISBN: 9780198764267

Category: Law

Page: 1241

View: 1817

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

Law of Obligations

Author: Geoffrey Samuel

Publisher: Edward Elgar Pub

ISBN: N.A

Category: Law

Page: 358

View: 2163

'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

The Law of Obligations

Connections and Boundaries

Author: Andrew Robertson

Publisher: Routledge

ISBN: 1135393494

Category: Law

Page: 250

View: 6156

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.

The Anatomy of Tort Law

Author: Peter Cane

Publisher: Hart Publishing

ISBN: 1901362094

Category: Law

Page: 243

View: 2453

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Philosophical Foundations of Fiduciary Law

Author: Andrew S. Gold,Paul B. Miller

Publisher: OUP Oxford

ISBN: 0191005290

Category: Law

Page: 450

View: 6977

Fiduciary law is a critically important body of law. Fiduciary duties ensure the integrity of a remarkable variety of relationships, institutions, and organizations. They apply to relationships of great personal significance, including in some jurisdictions the relationship between parents and children. They structure a wide variety of commercial relationships, and they are essential to the regulation of relationships between professional service providers and their clients, including relationships between lawyer and client, doctor and patient, and investment manager and client. Fiduciary duties, perhaps uniquely in private law, challenge traditional ways of marking the boundaries between private and public law, inasmuch as they figure prominently in public governance. Indeed, there is even a storied tradition of thinking of the authority of the state in fiduciary terms. Notwithstanding its importance, fiduciary law has been woefully under-analysed by legal theorists. Filling this gap with a series of chapters by leading theorists, this book includes chapters on: the nature of fiduciary relationships, the connection between fiduciary duties and morality, the content and significance of fiduciary loyalty, the economic significance of fiduciary law, the application of fiduciary principles to public law and international law, the import of fiduciary relationships to theories of authority, and various other fundamental topics in the field. In many cases, new and important questions are raised by the book's chapters. Indeed, this book not only offers a much-needed theoretical assessment of fiduciary topics, it defines the field going forward, setting an agenda for future philosophical study of fiduciary law.

Introduction to Turkish Law

Author: Tu?rul Ansay,Don Wallace

Publisher: Kluwer Law International B.V.

ISBN: 9041123164

Category: Law

Page: 244

View: 4056

Encompassing all the major fields of legal practice, Introduction to Turkish Law provides an essential understanding of the Turkish legal system, so that users can become familiar with law and legal processes in Turkey and pursue further research on specific Turkish legal matters. Twelve chapters, written by Turkish experts in their areas of specialty, focus on particular fields and provide also the Turkish equivalents of English terminology. The book covers the following topics: * sources of Turkish law; * constitutional law; * administrative law; * legal persons and business associations; * family and inheritance matters; * property; * obligations; * criminal law; and * the laws of civil and criminal procedure. The sixth edition reflects the continuing adaptation of Turkish law to international standards - especially in light of Turkey's hopes for membership in the European Union. These aspirations forced the Turkish lawmakers to modify some basic laws intensively or change them entirely. A short updated list of books and articles in English on Turkish law is appended.

The Roman Law of Obligations

Author: Peter Birks

Publisher: OUP Oxford

ISBN: 0191030015

Category: Law

Page: 300

View: 559

The Roman Law of Obligations presents a series of lectures delivered by the late Peter Birks as an introductory course in Roman law. Discovered in complete manuscript form following his death, the lectures are published here in paperback for the first time. The lectures present a clear conceptual map of the Roman law of obligations, guiding readers through the institutional structure of contract, delict, quasi-contract, and quasi-delict. They introduce readers to the terminology needed to understand the foundations of Roman law, and the conceptual framework of the law of obligations that left an enduring legacy on European private law. The lectures offer an invaluable introduction to Roman private law for those coming to the subject for the first time. They will also make stimulating reading for academics and lawyers interested in Roman law, European legal history, and the lasting influence of Roman law on modern private law.

Understanding the Concept of Condominiums

A Handbook on the Law & Practice Based on the Apartment Ownership Law of Sri Lanka

Author: Ajithaa Edirimane

Publisher: Ajithaa Edirimane

ISBN: 9789559985204

Category: Condominiums

Page: 201

View: 2879

Concise Jurisprudence

Author: Sandra Berns

Publisher: Federation Press

ISBN: 9781862871090

Category: Law

Page: 196

View: 388

Contents include: an introduction to contemporary debates in jurisprudenceThe quest for certaintyRights, principles and interpretive communitiesThe authority of interpretive communitiesFrom phenomenology to nihilism as storytellingWomen's voicesLaw and literatureDifferent voices - common themes

A Casebook on Contract

Author: Andrew Burrows

Publisher: Bloomsbury Publishing

ISBN: 1509921044

Category: Law

Page: 958

View: 1672

This is the sixth, fully updated, edition of Professor Burrows' casebook, offering law students the ideal way to discover and understand contract law through reading highlights from the leading cases. Designed to be used either on its own or to supplement a contract law textbook, this book covers the undergraduate contract law course in a series of clearly presented and carefully structured chapters. The author provides an expert introduction to each topic and his succinct notes and questions seek to guide students to a proper understanding of the cases. The relevant statutes are also set out along with a principled analysis of them. In addition to cross-references to further discussion in the leading textbooks, an innovative feature is the summary of leading academic articles in each chapter. The book is designed not to overwhelm students by its length but covers all aspects of the law of contract most commonly found in the undergraduate curriculum.

Contract I

Pre-contractual Obligations, Conclusion of Contract, Unfair Terms

Author: Research Group on the Existing EC Private Law

Publisher: sellier. european law publ.

ISBN: 3866530234

Category: Law

Page: 311

View: 1765

The Acquis Group â?? also known as the European Research Group on Existing EC Private Law â?? pursues the objective of presenting, in a restated form known as the Acquis Principles, the large and sometimes incoherent patchwork of existing EC private law. These principles reflect the current state of EC law in a structure which allows for the identification of commonalities, contradictions, and gaps. They function as a tool for the better understanding and improvement of EC private law. They are also intended to ensure that the existing EC law is appropriately reflected in the broader Common Frame of Reference. The principles include a commentary outlining the Acquis foundations, as well as definitions of core legal terms and a glossary on terminology. Formulated with the Acquis Principles in mind, Contract I is the first of a new series. It covers the areas of general EC contract law which surround the formation of contracts, including key rules on pre-contractual duties, the conclusion of a contract, and its content.

The Law of Trusts and Equitable Obligations

Author: Robert Pearce,John Stevens,Warren Barr

Publisher: Oxford University Press

ISBN: 0199570639

Category: Law

Page: 1072

View: 8461

The Law of Trusts and Equitable Obligations provides students wtih a detailed and stimulating account of the law of equity and trusts. The fifth edition has been thoroughly updated by Warren Barr, senior lecturer at the University of Liverpool and Law Teacher of the Year 2006 in collaboration with Robert Pearce and John Stevens.

Reforming the French Law of Obligations

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: 184731502X

Category: Law

Page: 950

View: 1066

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.

International Organizations and the Law of the Sea

Documentary Yearbook. Vol. 1 (1985)-

Author: Nilos

Publisher: Martinus Nijhoff Publishers

ISBN: 9780792331773

Category: Law

Page: 1

View: 3060

The NILOS yearbooks provide the reader with a collection of documents related to ocean affairs and the law of the sea, issued each year by organizations, organs and bodies of the United Nations system. Documents of the UN General Assembly, ECOSOC and its regional Commissions, the UN Secretary-General's Informal Consultations, PrepCom ISA/ITLOS, UNCED, UNEP and UNCTAD are included first, followed by the documents of specialized agencies and other autonomous organizations of the UN system, including FAO, IAEA, ILO, IMO, UNESCO/IOC and WMO.

Issues of Arms Control Law and the Chemical Weapons Convention

Obligations Inter Se and Supervisory Mechanisms

Author: Eric P. J. Myjer

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041115850

Category: Law

Page: 202

View: 1318

The entry into force in 1997 of the Chemical Weapons Convention (CWC) symbolizes the coming of age of the law of arms control as a separate area of international law. It is not only the first treaty whereby a whole category of weapons of mass destruction, viz. chemical weapons, is completely banned, but it also puts into place a comprehensive compliance control system. For this purpose a specialized international organisation has been created with as its sole purpose the supervision of the commitments under this arms control treaty: the Organisation for the Prohibition of Chemical Weapons (OPCW) based in The Hague. Supervision under this Convention is an example of compliance management, which is cooperative rather than adversarial in character, in spite of the elaborate and intrusive inspection regime concerning not only the military component but also the civilian chemical industries worldwide. Thereby not only States Parties' military security concerns are taken care of, but also the concerns of the chemical industries with regard to the protection of confidential business information. In general, this volume aims to provide a better understanding of some of the special characteristics of arms control law. One part of this volume highlights the unique characteristics of the compliance control model by providing a detailed analysis of the CWC, the OPCW and of the specific supervisory functions. The obligations of the signatories to the CWC are discussed in the other part. Although an important topic of general international law, clarity as to the obligations of Signatory States appears to be of special importance in the case of arms control treaties, for, given their securityinterests, it is crucial for States that at a minimum a "status quo" between all the signatories is maintained. The main contributions are complemented by shorter comments on various aspects of the topics dealt with. The articles are all written by specialists in the field - academic and practitioners- making this book a valuable source for academics, diplomats, (international) civil servants, and practitioners involved in the work of the OPCW, arms control (law) or general international law.

Louisiana Law of Conventional Obligations: A Précis

Author: Alain Levasseur

Publisher: LexisNexis

ISBN: 0327176164

Category: Law

Page: 178

View: 3493

Louisiana Law of Conventional Obligations: A Précis, focuses on the Louisiana Civil Code as it applies to Contracts or Conventional Obligations. This user-friendly book provides a basic understanding of the principles and rules governing the law of contracts. The Précis format allows for a brief and specific explanation of the main issues of the civil law of contracts, and is an essential and original resource for Louisiana law students and the legal profession in general. Features include: • Thoughtful and practical analysis of the relevant Code articles by a premier scholar in the field; • Convenient and portable softbound format; • Appendices with pertinent articles from the Civil Code and Code of Civil Procedure; and • Appendix of Illustrative Cases or Jurisprudence for each chapter covered.

Cheshire, Fifoot and Furmston's Law of Contract

Author: M P Furmston,Geoffrey Chevalier Cheshire,Cecil Herbert Stuart Fifoot

Publisher: Oxford University Press

ISBN: 0199568340

Category: Law

Page: 831

View: 1171

Describing the major principles of the English law of contract, this text represents a source of information and analysis for students studying the law of contract and law of obligations. Each chapter contains numerous references to additional primary and secondary sources.

Modern Tort Law

Author: V.H. Harpwood

Publisher: Routledge

ISBN: 1135252998

Category: Law

Page: 576

View: 3764

Modern Tort Law is a comprehensive, accessible and up-to-date introduction to the law of torts. Now in its seventh edition, Vivienne Harpwood’s popular, student-friendly text explains the principles of all aspects of tort law in a lively and thought-provoking manner. The broad coverage of modern tort law makes this an ideal textbook for any undergraduate tort law course. Students are encouraged to understand and apply the principles of tort law effectively throughout and particular attention is paid to the context within which the law is evolving, making these topics both accessible and enjoyable. This seventh edition has been revised and updated to take into account developments since publication of the previous edition including in the areas of privacy, negligence, personal injury and defamation. Human Rights issues are integrated throughout the text rather than treating the topic in isolation, in line with the way the subject is commonly taught. Now more accessible and student-friendly, it includes: advice on further reading at the end of each chapter which is intended to point students towards sources of further study and critical debate new chapter introductions, rewritten to reflect learning outcomes. Modern Tort Law is now supported by a Companion Website which offers lecturer resources available to adopters of the book, including ‘think points’ designed to encourage reflection and debate and PowerPoints of diagrams and flowcharts contained within the text. A dedicated student section also offers weblinks, a guide to key Tort law cases, a flashcard glossary and a test bank of multiple choice questions.