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  • Law of Obligations x
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Torts and Rights

Robert Stevens

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199211609
eISBN:
9780191705946
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199211609.001.0001
Subject:
Law, Law of Obligations

The law of torts is concerned with the secondary obligations generated by the infringement of primary rights. This apparently simple proposition enables us to understand the law of torts (plural) as ... More


State Liability in Tort: A Comparative Law Study

Duncan Fairgrieve

Published in print:
2003
Published Online:
March 2012
ISBN:
9780199258055
eISBN:
9780191698507
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258055.001.0001
Subject:
Law, Law of Obligations

This book examines the topical sphere of governmental liability in damages, arguing that that there has been an important shift in the traditional English law approach as illustrated in a series of ... More


European Tort Law

Cees van Dam

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199672264
eISBN:
9780191751288
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199672264.001.0001
Subject:
Law, Law of Obligations, EU Law

The coverage in this new edition has been expanded with material on the latest developments in legislation, legal literature, and the case law of the European Court of Human Rights, the European ... More


Corrective Justice

Ernest J. Weinrib

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199660643
eISBN:
9780191748288
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199660643.001.0001
Subject:
Law, Philosophy of Law, Law of Obligations

This book develops the implications of that venerable Aristotelian notion of justice for understanding contemporary private law. Over the last decades corrective justice has become a central but ... More


Structuring the English Law of Wrongs

Eric Descheemaeker

in The Division of Wrongs: A Historical Comparative Study

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199562794
eISBN:
9780191705533
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562794.003.0007
Subject:
Law, Comparative Law, Law of Obligations

This chapter starts with an explanation of why such a taxonomical exercise matters; and then looks at the two main models available to structure the law of wrongs, namely a right-based model and a ... More


English Law and the Civilian Division of Wrongs

Eric Descheemaeker

in The Division of Wrongs: A Historical Comparative Study

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199562794
eISBN:
9780191705533
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562794.003.0008
Subject:
Law, Comparative Law, Law of Obligations

This penultimate chapter examines the way in which English law could, and arguably should, draw on the experience of the civilian tradition to restructure its law of civil wrongs. The starting point ... More


Conclusion

Eric Descheemaeker

in The Division of Wrongs: A Historical Comparative Study

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199562794
eISBN:
9780191705533
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562794.003.0009
Subject:
Law, Comparative Law, Law of Obligations

This concluding chapter brings together the different threads of the book, recapitulating how Roman law upheld a strong division between fault-based and no-fault liability; how this division was ... More


Classification

Robert Stevens

in Torts and Rights

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199211609
eISBN:
9780191705946
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199211609.003.0013
Subject:
Law, Law of Obligations

In order to understand and justify the law of torts it is necessary to understand its place on the map of private law. The law of torts is not a free-standing subject. Torts belong in the same ... More


The Development of Estoppel(s)

ELIZABETH COOKE

in The Modern Law of Estoppel

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198262220
eISBN:
9780191714412
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262220.003.0003
Subject:
Law, Law of Obligations

To understand the law of estoppel today, it is necessary to take a brief look at how it has developed. A number of branches or categories of estoppel, with different origins and inconsistent rules, ... More


9. The Law of Torts in the Nineteenth Century: The Rise of the Tort of Negligence

D. J. IBBETSON

in A Historical Introduction to the Law of Obligations

Published in print:
2001
Published Online:
February 2010
ISBN:
9780198764113
eISBN:
9780191709852
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198764113.003.0010
Subject:
Law, Law of Obligations, Legal History

This chapter shows how the law of torts at the start of the 19th century was still recognizably medieval. It was characterized by the division between the action of trespass and the action on the ... More


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