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Broken Engagements: The Action for Breach of Promise of Marriage and the Feminine Ideal, 1800-1940

Saskia Lettmaier

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199569977
eISBN:
9780191722066
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199569977.001.0001
Subject:
Law, Legal History

While common law actions for breach of promise of marriage originated in the mid-seventeenth century, it was not until the ‘long nineteenth century’ that they saw their rise to prominence and their ... More


An Analysis of the Economic Torts

Hazel Carty

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199546749
eISBN:
9780191594946
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546749.001.0001
Subject:
Law, Intellectual Property, IT, and Media Law

The economic torts for too long have been under-theorised and under-explored by academics and the judiciary alike. Also in recent years claimants have exploited the resulting chaos by attempting to ... More


Trade Secrets and Other Confidences

William Cornish

in The Oxford History of the Laws of England: Volume XIII: 1820–1914 Fields of Development

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199239757
eISBN:
9780191705151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199239757.003.0034
Subject:
Law, Legal History

This chapter on laws governing trade secrets and other confidences in the 19th century discusses the innominate equity against breach of confidence and equity against breach of confidence as properly ... More


Anti-Insurance

Robert D. Cooter and Ariel Porat

in Getting Incentives Right: Improving Torts, Contracts, and Restitution

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691151595
eISBN:
9781400850396
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151595.003.0008
Subject:
Law, Comparative Law

This chapter proposes a novel contract, dubbed “anti-insurance,” that perfectly solves the paradox of compensation. Breach of contract by the promisor poses a risk of loss to the promisee. With ... More


Reconceptualizing (Some) Boilerplate under Tort Law

Margaret Jane Radin

in Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691155333
eISBN:
9781400844838
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155333.003.0011
Subject:
Law, Company and Commercial Law

This chapter explains how abusive boilerplate could either be treated as a defective product, or else regulated under a new tort of intentional deprivation of basic legal rights. It argues that we ... More


A Structural Inconsistency: The True Woman and the Breach-of-Promise Plaintiff

Saskia Lettmaier

in Broken Engagements: The Action for Breach of Promise of Marriage and the Feminine Ideal, 1800-1940

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199569977
eISBN:
9780191722066
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199569977.003.0003
Subject:
Law, Legal History

This chapter considers the wider implications of the infusion of mythologized femininity for the law, in particular for the position of plaintiffs. It suggests that the feminizing process imported a ... More


Breach of Promise in the High Victorian Period (1850–1900): The Inconsistency Unveiled, Pinchbeck Angels, and the Dominance of Satire

Saskia Lettmaier

in Broken Engagements: The Action for Breach of Promise of Marriage and the Feminine Ideal, 1800-1940

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199569977
eISBN:
9780191722066
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199569977.003.0005
Subject:
Law, Legal History

This chapter considers the high Victorian abandonment of the previously employed strategies of containment and the attendant exposure of the structural inconsistency. It demonstrates that as the ... More


Breach of Promise in the Post-Victorian Period (1900–40): A Changing Ideal, the Action’s Decline, and the Symbolism of Breach of Promise

Saskia Lettmaier

in Broken Engagements: The Action for Breach of Promise of Marriage and the Feminine Ideal, 1800-1940

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199569977
eISBN:
9780191722066
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199569977.003.0006
Subject:
Law, Legal History

This chapter explores the post-Victorian period, beginning after 1900. It reveals that, as the feminine ideal veered away from the nineteenth-century definition of true womanhood towards the ... More


Good Faith and Fault in Contract Law

Jack Beatson and Daniel Friedman (eds)

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198265788
eISBN:
9780191682964
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198265788.001.0001
Subject:
Law, Law of Obligations

This chapter brings together the work of many of the world's leading Contract Law scholars. It focuses upon a common central theme: the question of good faith and fair dealing in the Law of Contract. ... More


Tribal Law and Its Breaches

S.C. Dube

in The Kamar

Published in print:
2012
Published Online:
September 2012
ISBN:
9780198077312
eISBN:
9780199081158
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198077312.003.0005
Subject:
Sociology, Social Stratification, Inequality, and Mobility

This chapter focuses on the laws being upheld by the Kamar society and its possible breaches. It observes that the present tribal administrative system of the Kamars is similar to the British ... More


Overall Conclusion and Framework

Hazel Carty

in An Analysis of the Economic Torts

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199546749
eISBN:
9780191594946
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546749.003.0013
Subject:
Law, Intellectual Property, IT, and Media Law

This final chapter provides a coherent framework for the economic torts. To do so it underlines the best policy for these torts, drawing on the discussion of the conflicting agendas and potentials ... More


Introduction

Hazel Carty

in An Analysis of the Economic Torts

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199546749
eISBN:
9780191594946
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546749.003.0001
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter introduces the economic torts, i.e., those torts that have as their name suggests the primary function of protecting claimants' economic interests. They include the general economic ... More


Inducing Breach of Contract

Hazel Carty

in An Analysis of the Economic Torts

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199546749
eISBN:
9780191594946
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546749.003.0003
Subject:
Law, Intellectual Property, IT, and Media Law

The classic form of this tort, as featured in Lumley v Gye, involves the defendant persuading the claimant's contract partner to contract breach. Subsequently courts accepted varieties of this tort, ... More


The Unlawful Means Tort 1

Hazel Carty

in An Analysis of the Economic Torts

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199546749
eISBN:
9780191594946
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546749.003.0004
Subject:
Law, Intellectual Property, IT, and Media Law

Although the existence of this tort is implicit in the discussion in Allen v Flood, it has only received its first real analysis in OBG. This chapter maps the history of the tort and its relationship ... More


Intimidation

Hazel Carty

in An Analysis of the Economic Torts

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199546749
eISBN:
9780191594946
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546749.003.0005
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter explores the history and modern form of this tort. Two key issues surrounding this tort remain controversial as was highlighted by the recent decisions in OBG and Total Network. These ... More


Conclusion

Roger Matthews, Helen Easton, Daniel Briggs, and Ken Pease

in Assessing the use and impact of Anti-Social Behaviour Orders

Published in print:
2007
Published Online:
March 2012
ISBN:
9781847420572
eISBN:
9781447301509
Item type:
chapter
Publisher:
Policy Press
DOI:
10.1332/policypress/9781847420572.003.0005
Subject:
Social Work, Crime and Justice

This has been an exploratory study of Anti-Social Behaviour Orders (ASBOs) in the United Kingdom based on a selective sample of offenders, agencies, victims and residents. It became evident in the ... More


Restitution after Termination for Breach of Contract: German Law after the Reform of 2002

Reinhard Zimmermann

in Mapping the Law: Essays in Memory of Peter Birks

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199206551
eISBN:
9780191705397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199206551.003.0018
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This chapter explains how the German law relating to restitution after termination for breach of contract has been changed by the provisions which were inserted into the BGB (Bürgerliches Gesetzbuch: ... More


Procuring Breaches of Contract

Sir John Baker

in The Oxford History of the Laws of England: Volume VI 1483–1558

Published in print:
2003
Published Online:
March 2012
ISBN:
9780198258179
eISBN:
9780191681806
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198258179.003.0046
Subject:
Law, Legal History

This chapter examines the law of torts relevant to procurement of breaches of contract in England during the Tudor period. During this period, action for this case was usually associated with ... More


Wrongs and the 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/9780199562794.003.0002
Subject:
Law, Comparative Law, Law of Obligations

This chapter concerns itself with the identification of the subject-matter of the book, wrongs and the law of wrongs. Regarding the former, the definition offered of a wrong (or civil wrong) is that ... More


Lord Bingham, Anti-Suit Injunctions and Arbitration

Steven Gee

in Tom Bingham and the Transformation of the Law: A Liber Amicorum

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.003.0040
Subject:
Law, Legal History

This chapter details the anti-suit injunctions and arbitration. It deals with the Supreme Court Act 1981, section 50 and damages for breach of the arbitration agreement, and discusses some central ... More


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