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Mistake and Non-Disclosure of Facts: Models for English Contract Law

Hugh Beale QC FBA

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199593880
eISBN:
9780191745362
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199593880.001.0001
Subject:
Law, Law of Obligations

This book examines the case for reforming the law on mistake and non-disclosure of fact to bring English law closer to the law in much of continental Europe. There, and in common law countries like ... More


A Comparison of the Influence of Roman Law in England and Scotland☼

William M Gordon

in Roman Law, Scots Law and Legal History: Selected Essays

Published in print:
2007
Published Online:
September 2012
ISBN:
9780748625161
eISBN:
9780748671571
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748625161.003.0023
Subject:
Law, Legal History

Scots and English law have common roots evidenced in the connection between Glanvill and Regiam Majestatem but their paths diverged. Scotland followed the Civilian tradition while the English Common ... More


Elements of Classical Common Law Theory

Gerald J. Postema

in Bentham and the Common Law Tradition

Published in print:
2019
Published Online:
September 2019
ISBN:
9780198793052
eISBN:
9780191834806
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198793052.003.0001
Subject:
Law, Legal History, Constitutional and Administrative Law

Common Law theory emerged at a time when modern English society and the modern state were taking shape. Political power became increasingly centralized and the ideology of absolutism was making ... More


Henry II's Legal Reforms and the Development of Land Law, 1066–1189

John Hudson

in Land, Law, and Lordship in Anglo-Norman England

Published in print:
1997
Published Online:
October 2011
ISBN:
9780198206880
eISBN:
9780191677359
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198206880.003.0009
Subject:
History, British and Irish Medieval History

The primary attention of this chapter is the royal administration of justice. It seeks to provide an interpretative account on the reforms of Henry II and their effect on land-holding and law. This ... More


Scotland as a Mixed Jurisdiction☼

William M Gordon

in Roman Law, Scots Law and Legal History: Selected Essays

Published in print:
2007
Published Online:
September 2012
ISBN:
9780748625161
eISBN:
9780748671571
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748625161.003.0025
Subject:
Law, Legal History

Scotland is a mixed jurisdiction in that it has shared both in the Civilian tradition and the tradition of the English Common law. The mixture stems in part from the political relations of Scotland ... More


Plucking Off the Mask of Mystery

Gerald J. Postema

in Bentham and the Common Law Tradition

Published in print:
2019
Published Online:
September 2019
ISBN:
9780198793052
eISBN:
9780191834806
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198793052.003.0008
Subject:
Law, Legal History, Constitutional and Administrative Law

This chapter discusses Bentham's critique of Common Law theory and practice. Bentham's critique is of special interest because that criticism reflects the considerations and arguments that moved him ... More


Recognition and Public Status

Robert J. Bennett

in Local Business Voice: The History of Chambers of Commerce in Britain, Ireland, and Revolutionary America, 1760-2011

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199584734
eISBN:
9780191731105
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199584734.003.0007
Subject:
Business and Management, Business History

As voluntary bodies in Britain, Ireland, and America, chambers rely on the receptiveness of government. Public law systems, such as those in Europe, have automatic access, but lack independence of ... More


12. The Rise of the Will Theory

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/9780198764113.003.0013
Subject:
Law, Law of Obligations, Legal History

This chapter focuses on the Will Theory. The Will Theory had a measure of intellectual coherence that the Common law wholly lacked, though this coherence had been to some extent bought at the expense ... More


The Debate Continues

Kathleen Gutman

in The Constitutional Foundations of European Contract Law: A Comparative Analysis

Published in print:
2014
Published Online:
March 2015
ISBN:
9780199698301
eISBN:
9780191748882
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698301.003.0007
Subject:
Law, EU Law, Constitutional and Administrative Law

Chapter 6 outlines the ongoing activities taking place in the debate about European contract law and their bearing on the constitutional dimensions of European contract law. These activities comprise ... More


Litigation, Regulation, and International Law as Law and Policy Drivers in the United States

Cinnamon Piñon Carlarne

in Climate Change Law and Policy: EU and US Perspectives

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199553419
eISBN:
9780191594984
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199553419.003.0004
Subject:
Law, Environmental and Energy Law, Private International Law

This chapter examines how public and private actors are using litigation, regulation, and international law to influence federal climate policy. It begins by reviewing past and present climate change ... More


Roman Law, Scots Law and Legal History: Selected Essays

William Gordon

Published in print:
2007
Published Online:
September 2012
ISBN:
9780748625161
eISBN:
9780748671571
Item type:
book
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748625161.001.0001
Subject:
Law, Legal History

A collection of articles on themes of Roman law, Scots law and legal history arranged in five groups. The first deals with problems in the Roman law of property and obligations, including three ... More


15. Legal Change and Legal Continuity

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/9780198764113.003.0016
Subject:
Law, Law of Obligations, Legal History

This chapter argues that legal change occurs by filling in gaps between the rules in the way that seems the most convenient or most just at the time; through twisting rules, or rediscovering old ... More


Law, Social Union, and Collective Rationality

Gerald J. Postema

in Bentham and the Common Law Tradition

Published in print:
2019
Published Online:
September 2019
ISBN:
9780198793052
eISBN:
9780191834806
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198793052.003.0002
Subject:
Law, Legal History, Constitutional and Administrative Law

This chapter explores the philosophical motivations behind Common Law theory and legal positivism. The primary aim is to define more precisely the terms of the debate between these two great ... More


Choice of CESL and Conflict of Laws

Gerhard Dannemann

in The Common European Sales Law in Context: Interactions with English and German Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199678907
eISBN:
9780191758157
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199678907.003.0002
Subject:
Law, EU Law, Law of Obligations

This chapter examines the interactions between the proposed Common European Sales Law (CESL) and domestic and other European law. It first discusses general issues relating to the application of the ... More


Embracing Diversity – The Role of the Hague Conference in the Creation of Universal Instruments

Hans van Loon

in Diversity and Integration in Private International Law

Published in print:
2019
Published Online:
May 2020
ISBN:
9781474447850
eISBN:
9781474476492
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781474447850.003.0003
Subject:
Law, Private International Law

The Hague Conference on Private International Law (HCCH) has been a laboratory for the development, and servicing, of legal instruments to handle the diversity of legal systems, in the interests of ... More


The Judiciary

Benny Y.T. Tai

in Contemporary Hong Kong Government and Politics

Published in print:
2012
Published Online:
January 2013
ISBN:
9789888139477
eISBN:
9789882208681
Item type:
chapter
Publisher:
Hong Kong University Press
DOI:
10.5790/hongkong/9789888139477.003.0004
Subject:
Society and Culture, Asian Studies

This chapter discusses the fundamental principles of the HKSAR's legal system, which include a common law system, rule of law, judicial independence, and the protection of human rights. It then ... More


Drafting and Interpretation of a European Contract Law Instrument

Stefan Vogenauer

in The Common European Sales Law in Context: Interactions with English and German Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199678907
eISBN:
9780191758157
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199678907.003.0003
Subject:
Law, EU Law, Law of Obligations

This chapter examines the peculiarities of drafting and interpreting the proposed Common European Sales Law (CESL). The style of legislative drafting depends on a number of distinctive features, some ... More


Bentham as a Common Law Revisionist

Gerald J. Postema

in Bentham and the Common Law Tradition

Published in print:
2019
Published Online:
September 2019
ISBN:
9780198793052
eISBN:
9780191834806
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198793052.003.0006
Subject:
Law, Legal History, Constitutional and Administrative Law

This chapter presents Bentham's ‘revisionist’ account of Common Law adjudication. It considers materials where Bentham clearly assumes a context of non-statutory decisional law. Although he discusses ... More


Defects in Consent: Mistake, Fraud, Threats, Unfair Exploitation

John Cartwright and Martin Schmidt-Kessel

in The Common European Sales Law in Context: Interactions with English and German Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199678907
eISBN:
9780191758157
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199678907.003.0011
Subject:
Law, EU Law, Law of Obligations

This chapter focuses on the rules on defects in consent in the proposed Common European Sales Law (CESL) and the Draft Common Frame of Reference (DCFR). In assessing these rules and their ... More


. Political Communities

Robin Frame

in The Political Development of the British Isles 1100–1400

Published in print:
1995
Published Online:
October 2011
ISBN:
9780198206040
eISBN:
9780191676949
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198206040.003.0009
Subject:
History, British and Irish Medieval History, Political History

As royal government grew in scale and ambition, they tended to become involved in direct dealings with an increasing number of their subjects. ... More


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