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The Effect of Unexpected Circumstances on Contracts in Scots and Louisiana Law

Laura J Macgregor

in Mixed Jurisdictions Compared: Private Law in Louisiana and Scotland

Published in print:
2009
Published Online:
March 2012
ISBN:
9780748638864
eISBN:
9780748651443
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748638864.003.0019
Subject:
Law, Comparative Law

This chapter analyses the legal rules governing unexpected circumstances in contract law in the mixed legal systems of Louisiana and Scotland. The subject lies at the heart of commercial law, and one ... More


Hunting Promissory Estoppel

David V Snyder

in Mixed Jurisdictions Compared: Private Law in Louisiana and Scotland

Published in print:
2009
Published Online:
March 2012
ISBN:
9780748638864
eISBN:
9780748651443
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748638864.003.0020
Subject:
Law, Comparative Law

Promissory estoppel came into Louisiana silently, as it pervaded the rest of the United States, under the guises of other doctrines. Even after Williston discovered the hidden current in the American ... More


Impediments to Marriage in Scotland and Louisiana: An Historical-Comparative Investigation

J-R Trahan

in Mixed Jurisdictions Compared: Private Law in Louisiana and Scotland

Published in print:
2009
Published Online:
March 2012
ISBN:
9780748638864
eISBN:
9780748651443
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748638864.003.0017
Subject:
Law, Comparative Law

This chapter surveys the past, the present and the future of the law of impediments to marriage in Scotland and Louisiana. It highlights the similarities and differences between the development of ... More


Inheritance and the Surviving Spouse

Ronald J Scalise

in Mixed Jurisdictions Compared: Private Law in Louisiana and Scotland

Published in print:
2009
Published Online:
March 2012
ISBN:
9780748638864
eISBN:
9780748651443
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748638864.003.0014
Subject:
Law, Comparative Law

This chapter examines how Louisiana and Scotland have implemented inheritance laws. It focuses on one significant aspect of intestacy, the position of the surviving spouse, and how each system ... More


Unjustified Enrichment, Subsidiarity and Contract

Hector L MacQueen

in Mixed Jurisdictions Compared: Private Law in Louisiana and Scotland

Published in print:
2009
Published Online:
March 2012
ISBN:
9780748638864
eISBN:
9780748651443
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748638864.003.0021
Subject:
Law, Comparative Law

This chapter explores the concept of subsidiarity, looking critically at the role it seems to play in Louisiana law and testing the extent to which its use is still appropriate in the remodelled ... More


Personality Rights: A Study in Difference

Elspeth Christie Reid

in Mixed Jurisdictions Compared: Private Law in Louisiana and Scotland

Published in print:
2009
Published Online:
March 2012
ISBN:
9780748638864
eISBN:
9780748651443
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748638864.003.0023
Subject:
Law, Comparative Law

Over the past century, in both the Civil Law and the Common Law, the concept of ‘personality rights’ has evolved to encompass that bundle of rights which protects the integrity and inviolability of ... More


Causation as an Element of Delict/Tort in Scots and Louisiana Law

Martin A Hogg

in Mixed Jurisdictions Compared: Private Law in Louisiana and Scotland

Published in print:
2009
Published Online:
March 2012
ISBN:
9780748638864
eISBN:
9780748651443
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748638864.003.0022
Subject:
Law, Comparative Law

This chapter examines how causation as a requirement of the analysis of delict/tort is treated in both Scotland and Louisiana. In both systems we can detect a degree of reticence among members of the ... More


Ownership of Trust Property in Scotland and Louisiana

James Chalmers

in Mixed Jurisdictions Compared: Private Law in Louisiana and Scotland

Published in print:
2009
Published Online:
March 2012
ISBN:
9780748638864
eISBN:
9780748651443
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748638864.003.0015
Subject:
Law, Comparative Law

This chapter addresses a narrow but important point relating to the nature and constitution of trusts, and one which appears to have been satisfactorily resolved in Scots law but unsatisfactorily ... More


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