An Analysis Of The Law Of Contracts And Torts
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An Analysis Of The Law Of Contracts And Torts
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Author : Alured Myddelton Wilshere
language : en
Publisher:
Release Date : 1922
An Analysis Of The Law Of Contracts And Torts written by Alured Myddelton Wilshere and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1922 with Contracts categories.
Emerging Issues In Tort Law
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Author : Jason W. Neyers
language : en
Publisher: Bloomsbury Publishing
Release Date : 2007-05-29
Emerging Issues In Tort Law written by Jason W. Neyers and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-05-29 with Law categories.
In this book, articles by leading tort scholars from Australia, Canada, Hong Kong, Israel, New Zealand, the United Kingdom and the United States deal with important theoretical and practical issues that are emerging in the law of torts. The articles analyse recent leading developments in areas such as economic negligence, causation, vicarious liability, non-delegable duty, breach of statutory duty, intentional torts, damages, and tort law in the family. They provide a foretaste of the issues that will face tort law in the near future and offer critical viewpoints that should not go unheeded. With its rich breadth of contributors and topics, Emerging Issues in Tort Law will be highly useful to lawyers, judges and academics across the common law world. Contributors: Elizabeth Adjin-Tettey, Kumaralingam Amirthalingam, Peter Benson, Vaughan Black, Peter Cane, Erika Chamberlain, Israel Gilead, Paula Giliker, Rick Glofcheski, Lewis N Klar QC, Michael A Jones, Richard Lewis, John Murphy, Jason W Neyers, Ken Oliphant, David F Partlett, Stephen GA Pitel, Denise Reaume, Robert H Stevens, Andrew Tettenborn, Stephen Todd, Shauna van Praagh, Stephen Waddams, David R Wingfield, Richard W Wright.
Understanding The Law Of Obligations
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Author : Andrew Burrows
language : en
Publisher: Bloomsbury Publishing
Release Date : 2000-11-15
Understanding The Law Of Obligations written by Andrew Burrows and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-11-15 with Law categories.
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
Fault In American Contract Law
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Author : Omri Ben-Shahar
language : en
Publisher: Cambridge University Press
Release Date : 2010-08-16
Fault In American Contract Law written by Omri Ben-Shahar and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-08-16 with Law categories.
Representing an unprecedented joint effort from top scholars in the field, this volume collects original contributions to examine the fundamental role of 'fault' in contract law. Is it immoral to breach a contract? Should a breaching party be punished more harshly for willful breach? Does it matter if the victim of breach engaged in contributory fault? Is there room for a calculus of fault within the 'efficient breach' framework? For generations, contract liability has been viewed as a no-fault regime, in sharp contrast to tort liability. Is this dichotomy real? Is it justified? How do the American and European traditions compare? In exploring these and related issues, the essays in this volume bring together a variety of outlooks, including economic, psychological, philosophical, and comparative approaches to law.
Private Law In Theory And Practice
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Author : Michael Bryan
language : en
Publisher: Routledge
Release Date : 2007-03-12
Private Law In Theory And Practice written by Michael Bryan and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-03-12 with Law categories.
Private Law in Theory and Practice explores important theoretical issues in tort law, the law of contract and the law of unjust enrichment and relates the theory to judicial decision-making in these areas of private law. Topics covered include the politics and philosophy of tort law reform, the role of good faith in contract law, comparative perspectives on setting aside contracts for mistake and the theory and practice of proprietary remedies in the law of unjust enrichment. Contributors to the book bring a variety of theoretical approaches to bear on the analysis of private law. They include: economic analysis, corrective justice theory, comparative analysis of law, socio-legal inquiry, social history, political theory as well as doctrinal analysis of the law. In all cases the theoretical approaches are applied to recent case law developments in England, Australia and Canada, or, in the case of tort law, proposals in all these jurisdictions to reform the law. The book presents the theory of private law and the application of theory to practical legal problems in an accessible form to teachers and students of tort, contract and the law of unjust enrichment, legal researchers and law reformers.
Comparative Remedies For Breach Of Contract
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Author : Nili Cohen
language : en
Publisher: Hart Publishing
Release Date : 2005
Comparative Remedies For Breach Of Contract written by Nili Cohen and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
The book provides a comparative analysis of the law relating to remedies for breach of contract from the viewpoint of various legal systems.
An Analysis Of The Economic Torts
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Author : Hazel Carty
language : en
Publisher:
Release Date : 2010
An Analysis Of The Economic Torts written by Hazel Carty and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
The economic torts for too long have been under-theorized and under-explored by academics and the judiciary alike. In recent years claimants have exploited the resulting chaos by attempting to use the economic torts in ever more exotic ways. This second edition, as before, attempts to provide practical legal research to both explore the ingredients of all these torts - both the general economic torts (inducing breach of contract, the unlawful means tort, intimidation, the conspiracy torts) and the misrepresentation economic torts (deceit, malicious falsehood and passing off) - and their rationales. And, as before, an optimum framework for these torts is suggested. However that framework has to take on board the apparent tension within the House of Lords as revealed in the recent decisions in OBG v Allan and Total Network v Revenue. Over 100 years ago the House of Lords in the seminal decision of Allen v Flood in theory set the agenda for the modern development of the economic torts. The majority in that case adopted an abstentionist approach to liability for intentionally inflicted economic harm, so that even where intentional and unjustified economic harm was inflicted, liability would not necessarily follow. However, this clear framework for the torts was obscured by subsequent case law, leaving the economic torts in a hopeless muddle by the start of the twenty-first century. A chance to finally sort out this mess was presented to the House of Lords in 2007 in the shape of three conjoined appeals, reported under the name OBG v Allan. The thrust of the judgments was that a framework for the economic torts was to be established and dicta and decisions that caused problems and incoherence were to be named and shamed. Re-affirming the abstentionist philosophy of Allen v Flood Lord Hoffmann and Nicholls and Baroness Hale in part relied upon the first edition of An Analysis of the Economic Torts, Lord Hoffmann noting "... if what I have said does anything to clarify what has been described as an extremely obscure branch of the law, much is owing to Hazel Carty's book An Analysis of the Economic Torts ". However, within 10 months of the OBG decision, a differently constituted HL in Total Network SL v Revenue and Customs Commissioners undermined this nascent coherence and did so by focusing on the conspiracy torts (previously dismissed by some commentators as anomalous or superfluous). Distinguishing OBG (which did not as such analyse the conspiracy torts) the House of Lords in Total Network may have shifted the general economic torts from the abstentionist to the interventionist track of development. Thus it is suggested that conflicting agendas for general economic liability can be discerned in the OBG and Total Network judgments. These agendas are debated (against the background of the growing academic debate) and a coherent approach suggested. As for the misrepresentation torts their potential for development is also discussed and the peril of allowing them to transform into unfair trading or misappropriation torts is explained. As a result, the second edition involves a substantial re-write of the first edition. However, the thesis of the author remains that a coherent framework for these torts can best be constructed based on a narrow remit for the common law.
The Analytical Failures Of Law And Economics
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Author : Shawn Bayern
language : en
Publisher: Cambridge University Press
Release Date : 2023-09-28
The Analytical Failures Of Law And Economics written by Shawn Bayern and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-28 with Law categories.
The law-and-economics movement remains a dominant force in American private law, despite widespread recognition that many of its assumptions are implausible and that efficiency is not the law's only goal. This book adds to the debate by showing that many leading law-and-economics arguments fail for 'internal' analytical reasons.
The Law Of Contract
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Author : Laurence Koffman
language : en
Publisher: Oxford University Press
Release Date : 2007-08-16
The Law Of Contract written by Laurence Koffman and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-08-16 with Law categories.
This complete guide to all aspects of contract law gives a thorough explanation of the law, sharply focused commentary and an in-depth analysis of the case law.
Interpretation Of Contracts
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Author : Catherine Mitchell
language : en
Publisher: Taylor & Francis
Release Date : 2018-08-06
Interpretation Of Contracts written by Catherine Mitchell and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-06 with Law categories.
This book is a second edition of Interpretation of Contracts (2007). The original work examined various issues surrounding the question of how contracts should be interpreted by courts, in particular focusing on the law of contract interpretation following Lord Hoffmann’s exposition of the principles of contextual interpretation in Investors Compensation Scheme Ltd v West Bromwich Building Society [1998] 1 WLR 896. As with the original, this new edition provides an overview of the subject, concentrating on elements of controversy and disagreement, rather than a detailed analysis of all the contract law rules and doctrines that might be regarded as interpretative in one sense or another. The book will be concerned with interpretation of contracts generally (following the rule that there are not different rules of interpretation for different kinds of contracts), but with reference to commercial contracts in particular, since this is the area in which the contextual interpretative approach was developed, and where it has most relevance. The overall aim of the second edition remains the same as the first – to produce an accessible and readable guide to contract interpretation for law students, scholars and practitioners.