Fr. 126.00

Historical Introduction to the Law of Obligations

English · Paperback / Softback

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Zusatztext Review from previous edition A Historical Introduction to the Law of Obligations is a remarkable book which every lawyer with any interest in the law of obligations should read. Informationen zum Autor David Ibbetson is a lecturer in law at Oxford University Klappentext In this book David Ibbetson exposes the historical layers beneath the modern rules and principles of contract! tort! and unjust enrichment. Small-scale changes caused by lawyers successfully exploiting procedural advantages are juxtaposed with changes caused by friction along the boundaries of these principal legal categories; fossilized remnants of old doctrines jostle with newer ideas in a state of half-consistent tension; and loose-knit rules of equity developed in the Chancery infiltrate themselves into more tightly controlled Common law structures. Zusammenfassung 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. Inhaltsverzeichnis Prologue: The Prehistory of the English Law of Obligations I Form and Substance in Medieveal Law 1: Structural Foundations 2: Unity and Fragmentation of the Mediaeval Law of Contract 3: Trespass, Trespass on the Case, and the Mediaeval Law of Tort 4: The Substantive Law of Torts 5: The Substantive Law of Contract 2 The Triumph of Trespass on the Case 6: Tort, Property, and Reputation: the Expansion of the Action on the Case 7: The Rise of the Action of Assumpsit 3 The Modern Law of Tort and Contract 8: Trespass, Case, and the Moral Basis of Liability 9: The Law of Torts in the Nineteenth Century: The Rise of the Tort of Negligence 10: The Law of Torts in the Twentieth Century: Expansion and Collapse of the Tort of Negligence 11: Foundations of the Modern Law of Contract 12: The Rise of the Will Theory 13: The Decline of the Will Theory: Legal Regulation and Contractual Fairness 4 Unjust Enrichment 14: Unjust Enrichment 15: Legal Change and Legal Continuity ...

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