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Law of Obligations [Hardback]

  • Formāts: Hardback, 400 pages, height x width: 234x156 mm
  • Izdošanas datums: 31-Mar-2010
  • Izdevniecība: Edward Elgar Publishing Ltd
  • ISBN-10: 1848447647
  • ISBN-13: 9781848447646
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  • Formāts: Hardback, 400 pages, height x width: 234x156 mm
  • Izdošanas datums: 31-Mar-2010
  • Izdevniecība: Edward Elgar Publishing Ltd
  • ISBN-10: 1848447647
  • ISBN-13: 9781848447646
Citas grāmatas par šo tēmu:
'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

Recenzijas

. . . there is no doubt that Samuels work will rightfully find a place in the canon of new works which any defender of the distinctiveness of the English legal tradition will wish to have on his bookshelf. -- Edinburgh Law Review 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 Law School, 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

Preface x
List of abbreviations xii
Introductory remarks xiii
List of cases xvii
List of statutes and texts xxxiv
1 Theory and method: background to the law of obligations 1(9)
The epistemological dilemma
1(1)
Institutional plan
2(1)
Codes and method
3(1)
English legal mentality
4(4)
Institutional system and the common law
8(2)
2 History and structure of the law of obligations 10(17)
Real and personal remedies and rights
10(2)
Divisions and subdivisions of private law
12(2)
Public law
14(1)
Contract
15(3)
Delict
18(3)
Quasi delict (and liability without fault)
21(2)
Quasi-contract (and unjust enrichment)
23(2)
Alternative approaches
25(2)
3 General theory of obligations 27(21)
Formation of an obligation
27(2)
Content of an obligation
29(2)
Content and rescission
31(1)
Level of obligational duty
32(1)
Obligations and the role of fault
33(3)
Debt and damages actions
36(2)
Extra-contractual liability
38(2)
Obligations as rights
40(1)
Abuse of rights
41(3)
Obligations as property
44(2)
Transfer of obligation rights
46(1)
Extinction of an obligation
46(2)
4 Obligations and the common law 48(21)
Personal actions at common law (forms of action)
48(3)
Causes of action
51(2)
Contract and tort
53(2)
Restitution (unjust enrichment)
55(2)
Remedies
57(2)
Injunctions
59(1)
Specific performance in equity
60(1)
Damages
61(2)
Debt and account
63(2)
Restitutionary interest
65(1)
Rescission
66(3)
5 Contractual obligations: general provisions 69(21)
General considerations
69(1)
Definition of contract
70(3)
Contract and remedies
73(4)
Contract and rights
77(1)
Classification of contracts
78(4)
Bailment and contract
82(1)
Public and private law contracts
83(1)
Commercial and consumer contracts
84(1)
Freedom of contract
85(1)
Good faith
86(2)
Domain of contract
88(2)
6 Enforcing contracts 90(27)
Contract and methodology
90(3)
Formation models
93(1)
Cause (causa)
94(1)
Agreement (conventio)
94(1)
Promise (promissio)
95(2)
Promise and agreement
97(2)
Enforceable promises
99(2)
Difficult cases
101(3)
Absence of clarity
104(1)
Absence of consensus
105(1)
Intention to create legal relations
106(1)
Revocation of an offer
107(1)
Acceptance
108(2)
Consideration
110(2)
Variation of existing contracts
112(2)
Consideration and third parties
114(2)
Deed of covenant
116(1)
7 Escaping from contracts 117(16)
Defective contracts
117(3)
Defective contracts and remedies
120(2)
Implied condition
122(1)
European approach
123(1)
Property problems
123(2)
Fraud and duress
125(3)
Capacity
128(1)
Illegality
129(2)
Cancelled contracts
131(1)
Non-performance of a contract
132(1)
8 Unperformed contracts and appropriate remedies 133(19)
Interpretation and liability
133(2)
Differences of approach
135(1)
Terms
136(1)
Conditions and warranites
137(2)
Implied terms
139(2)
Unfair terms
141(1)
Performance and non-performance of the contract
142(2)
Onerous performance
144(1)
Non-performance and exclusion clauses
145(3)
Performance and third parties
148(1)
Non-performance and termination
149(1)
Non-performance and agreement
150(2)
9 Tortious obligations: general provisions 152(22)
Civilian approach
152(2)
English approach
154(2)
Definitional considerations
156(2)
Purpose and policy of tort
158(1)
Actions for damages
159(1)
Aims of the law of tort
160(3)
Tort and methodology
163(3)
Policy and functionalism
166(2)
Interests and rights
168(1)
Axiology and argumentation
169(1)
Statutory interpretation
170(2)
Methodology: concluding remarks
172(2)
10 Liability and intentional harm 174(19)
Liability and fault
174(2)
Liability for individual acts: general elements
176(3)
Intentional harm
179(2)
Intentional torts
181(10)
Intentional torts and methodology
191(2)
11 Liability for unintentional harm 193(26)
Tort of negligence
193(1)
Breach of duty
194(3)
Duty of care
197(3)
Extension of duty of care
200(1)
Methodological approach to duty
201(2)
Economic loss
203(3)
Psychological damage (nervous shock)
206(3)
Omissions
209(1)
Public bodies
210(2)
Human rights
212(1)
Comparative reflections
213(3)
Unlawful acts
216(3)
12 Liability for things 219(20)
Liability for moveable things
219(1)
Dangerous products
220(2)
Defective equipment
222(1)
Animals
223(1)
Motor vehicles
224(1)
Aircraft
225(1)
Land and buildings: harm on the premises
225(4)
Land and buildings: harm off the premises
229(5)
Liability for dangerous things
234(2)
Occupier's liability: methodological considerations
236(3)
13 Liability for people 239(10)
Vicarious liability
239(3)
Theory of vicarious liability
242(2)
Non-delegable duty
244(3)
Owners of motor vehicles
247(1)
Publishers
248(1)
14 Liability for words 249(14)
Deceit and negligence
249(2)
Defamation
251(2)
Beyond defamation
253(2)
Intellectual property rights
255(1)
Privacy
256(2)
Professional liability
258(5)
15 Escaping liability 263(32)
Causation: introduction
263(2)
Theories of causation
265(4)
Level 1: actionability
269(3)
Level 2: cause in fact
272(1)
Loss of a chance
273(5)
Overlapping causes and overlapping damage
278(2)
Novus actus interveniens
280(3)
Level 3: remoteness of damage
283(4)
Untypical damage
287(1)
Level 4: causation and remedies
288(2)
Measure of damages
290(5)
16 Beyond contract and tort: restitution 295(17)
Liability for gain
295(2)
Enrichment
297(2)
Expense of another
299(1)
'Unjust' (sans cause)
300(1)
Remedies and unjust enrichment
301(4)
Equitable remedies
305(2)
Tracing
307(2)
Present status of restitution
309(3)
17 Transnational law of obligations? 312(22)
Possibility of harmonisation
313(1)
Harmonisation through science and system
314(4)
Harmonisation through casuistic methods
318(4)
Obstacles to harmonisation
322(3)
Role of comparative law
325(2)
Obligations and property
327(3)
Spirit of non-codification
330(1)
Conclusion: abandoning the obligations category
331(3)
Bibliography 334(7)
Index 341
Geoffrey Samuel, Professor Emeritus, Kent Law School, UK