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.
Rowse ( 1684 ) 1 Vern 460 275 The New York Star ( 1981 ] 1 WLR 138 243 Nicholls v . Nicholls ( 1737 ) 1 Atk 409 274 Nicholson v . Parsons ( C1 / 82 / 19 ) 137 Nicolas v . Badger ( 1596 ) CUL MS Gg 5.3 f.87 115 Nives v .
Whether looking for an accessible, conceptual introduction to the area or a handy revision reference, students will find this book invaluable.
Teeven's principal focus is on the judicial rationalization of common law reforms to partially remove the bar to enforcement of promises grounded in the past.
"This book is a study of doctrinal and methodological divergence in the common law of obligations. It explores particular departures from the common law mainstream and the causes and effects of those departures.
The German Code also provides for the conclusion of contracts in the field of property rights,607 family law608 and succession law.609 This notion was also adopted by Portuguese law, so that a contract whereby an asset is disposed of is ...
"This book discusses a difficult and seriously defective part of the common law. Considering its practical importance, the subject of joint promises has received surprisingly little attention. Noting is commoner...
'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...
[2013] International Construction Law Review 187, 197; Davies and Turner, above n 48, 23; Easton, above n 55, 246; Jeffrey Goldberger, 'Australian Contract Law: A Case Law Update' (2012–13) 26 Commercial Law Quarterly 8, 28; ...
This volume explores the relationship between form and substance in the law of obligations. It builds on the rich tradition of legal thought that deploys the concepts of form and substance to inform our understanding of the common law.
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.