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Altruism in Private Law: Liability for Nonfeasance and Negotiorum Gestio

Jeroen Kortmann

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199280056
eISBN:
9780191700101
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199280056.001.0001
Subject:
Law, Law of Obligations

This book examines two problems in private law that are posed by the ‘good Samaritan’: First, do we have a legal duty to give aid to our fellow human beings? In particular: can we be held liable for ... More


The Division of Wrongs: A Historical Comparative Study

Eric Descheemaeker

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199562794
eISBN:
9780191705533
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562794.001.0001
Subject:
Law, Comparative Law, Law of Obligations

The common law, despite procedural divisions, has only ever had one class of civil wrongs. The civilians, by contrast, have typically split their law of wrongs in two, one group being called ... More


Introduction

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/9780199562794.003.0001
Subject:
Law, Comparative Law, Law of Obligations

The civilian tradition, as exemplified by Justinian's Institutes and the French Civil Code, has generally divided its law of civil wrongs into two categories, wrongs ‘proper’ and ‘quasi-wrongs’. ... 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


Conclusion

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/9780199211609.003.0016
Subject:
Law, Law of Obligations

The final method of demonstrating the truth and importance of seeing the common law of torts as based upon the infringement of primary rights is to examine other systems which do not have the same ... More


Remedies for Breach of Contract: A Comparative Account

G. H. Treitel

Published in print:
1988
Published Online:
March 2012
ISBN:
9780198255000
eISBN:
9780191681554
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255000.001.0001
Subject:
Law, Law of Obligations

The victim of a breach of contract may resort to one or more of four remedies: specific enforcement, compensation, refusal to perform, and termination. The availability of these remedies may depend ... More


Introduction

Duncan Fairgrieve

in State Liability in Tort: A Comparative Law Study

Published in print:
2003
Published Online:
March 2012
ISBN:
9780199258055
eISBN:
9780191698507
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258055.003.0001
Subject:
Law, Law of Obligations

This book examines the conditions of French and English laws and their respective government system in dealing with the question of state liability. It is a complex matter that debates the function, ... More


Beyond Illegality: Liability For Fault in English and French Law

Duncan Fairgrieve

in State Liability in Tort: A Comparative Law Study

Published in print:
2003
Published Online:
March 2012
ISBN:
9780199258055
eISBN:
9780191698507
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258055.003.0004
Subject:
Law, Law of Obligations

This chapter is a comparative study on the significant aspects of English and French law with regard to fault-based liability. A discussion on the English law addresses the conditions of breach of ... More


Assessing the Causal Link

Duncan Fairgrieve

in State Liability in Tort: A Comparative Law Study

Published in print:
2003
Published Online:
March 2012
ISBN:
9780199258055
eISBN:
9780191698507
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258055.003.0006
Subject:
Law, Law of Obligations

This chapter aims to clarify the attitude of the French and English courts toward state liability in tort with a comparative survey of prevailing tests of causation in each jurisdiction. The English ... More


Damage and Compensation

Duncan Fairgrieve

in State Liability in Tort: A Comparative Law Study

Published in print:
2003
Published Online:
March 2012
ISBN:
9780199258055
eISBN:
9780191698507
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258055.003.0007
Subject:
Law, Law of Obligations

This chapter aims to provide accounts of the most significant similarities and differences of legal rules on the issues of damages caused by administrative wrongdoings (economic loss, loss of a ... More


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