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Philosophical Foundations of the Law of Unjust Enrichment

Robert Chambers, Charles Mitchell, and James Penner (eds)

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199567751
eISBN:
9780191705267
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199567751.001.1
Subject:
Law, Law of Obligations, Philosophy of Law

This book's chapters are devoted to the philosophical foundations of one of the most dynamic areas of private law — the law of unjust enrichment. Taking stock of the rapid changes to the law of ... More


Lithuania

Andrius Smaliukas and Gintautas Šulija

in Regulating Unfair Banking Practices in Europe: The Case of Personal Suretyships

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199594559
eISBN:
9780191595714
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199594559.003.0017
Subject:
Law, Comparative Law, EU Law

This chapter discusses suretyship contracts in Lithuanian banking practice. Topics covered include commercial suretyships and consumer suretyships, suretyships and indebtedness of individuals and ... More


Formation of Contract

GERHARD LUBBE

in A History of Private Law in Scotland: Volume 2: Obligations

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198299288
eISBN:
9780191685651
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299288.003.0001
Subject:
Law, Constitutional and Administrative Law, Legal History

This chapter discusses Stair’s treatment of law of obligations and assesses the importance of the subsequent developments of Stair’s views on the formation of contract. It also aims to identify the ... More


Promise

W. D. H. SELLAR

in A History of Private Law in Scotland: Volume 2: Obligations

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198299288
eISBN:
9780191685651
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299288.003.0010
Subject:
Law, Constitutional and Administrative Law, Legal History

For several hundred years, Scots law has held to the proposition that a promise is legally binding without the need for acceptance. Stair discussed promise and the rationale behind the claim of ... More


Contracts and Other Obligations

Stephen Zamora, José RamlÓN CossÍO, Lenone Pereznieto, José Roldá n-Xopa, and David Lopez

in Mexican Law

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199288489
eISBN:
9780191700514
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199288489.003.0017
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the law of obligations, also known as jus in personam, or ‘rights against a person’. In the Mexican legal system, contract law is regarded as only one branch of in personam ... More


Legal Positions and Relations: Rights and Obligations

Neil MacCormick

in Institutions of Law: An Essay in Legal Theory

Published in print:
2007
Published Online:
January 2009
ISBN:
9780198267911
eISBN:
9780191714832
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198267911.003.0008
Subject:
Law, Philosophy of Law

This chapter begins by analyzing ‘obligations’ in the sense of ‘legal ties’ or ‘vincula iuris’, that is, in the sense involved in discussions of the ‘law of obligations’. It then considers rights in ... More


Consumer Contract Law and General Contract Law

Reinhard Zimmermann

in The New German Law of Obligations: Historical and Comparative Perspectives

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199291373
eISBN:
9780191700613
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199291373.003.0006
Subject:
Law, Law of Obligations

More than by any other component of the reform process, the face of the German Civil Code (BGB) has been changed by the incorporation of a number of special statutes aiming at the protection of ... More


Scandinavian Liability Laws and the Common Law of Torts

Christian Von Bar

in The Common European Law of Torts: Volume One

Published in print:
1998
Published Online:
March 2012
ISBN:
9780198260561
eISBN:
9780191682117
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260561.003.0003
Subject:
Law, EU Law

This chapter covers the following topics: the bases of liability for individual wrongful conduct and the laws of Scandinavia and the British Isles from the perspective of the remaining law of ... More


Three Maps

Peter Birks

in Unjust Enrichment

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199276981
eISBN:
9780191699917
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199276981.003.0002
Subject:
Law, Law of Obligations

The mapping metaphor was first used by William Blackstone in 1756, when he said that the duty of the ‘academical expounder of the laws’ was to make clear how the various parts of the law fitted ... 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


Unjustified Enrichment and Failed Contracts

REINHARD ZIMMERMANN, DANIEL VISSER, and KENNETH REID

in Mixed Legal Systems in Comparative Perspective: Property and Obligations in Scotland and South Africa

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199271009
eISBN:
9780191699481
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271009.003.0015
Subject:
Law, Comparative Law

The last decade of scholarship on failed contracts in South African and Scots law has seen a proliferation of arguments for expanding the application of the law of unjustified enrichment. These ... More


Remedies for Non-performance, Viewed against the Background of the Principles of European Contract Law

Reinhard Zimmermann

in The New German Law of Obligations: Historical and Comparative Perspectives

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199291373
eISBN:
9780191700613
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199291373.003.0003
Subject:
Law, Law of Obligations

Before the revision of Germany's law of obligations it had been, for a long time, a standard complaint that the rules concerning breach of contract were far too complex. Moreover, they were taken to ... More


What is Tort Law For? The Place of Corrective Justice

John Gardner

in Torts and Other Wrongs

Published in print:
2019
Published Online:
February 2020
ISBN:
9780198852940
eISBN:
9780191887208
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198852940.003.0002
Subject:
Law, Philosophy of Law

This chapter considers the question of what tort law is for, building on the work of Jules Coleman and Ernest Weinrib. Weinrib claims that tort law itself is a justificatory enterprise, but he ... More


A History of Private Law in Scotland

Reinhard Zimmermann and Kenneth Reid

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198267782
eISBN:
9780191683374
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198267782.001.0001
Subject:
Law, Constitutional and Administrative Law, Legal History

Law in Scotland has a long history, uninterrupted either by revolution or by codification. This work is a detailed and systematic study in the field of Scottish private law. It takes key topics from ... More


Backwards and Forwards with Tort Law

John Gardner

in Torts and Other Wrongs

Published in print:
2019
Published Online:
February 2020
ISBN:
9780198852940
eISBN:
9780191887208
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198852940.003.0004
Subject:
Law, Philosophy of Law

This chapter argues that there can be no successful type of objection to an economic analysis of tort law. Coleman’s attempts to make good such objections are the best we have, but still they fail. ... More


Prologue: The Prehistory of the English Law of Obligations

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/9780198764113.003.0001
Subject:
Law, Law of Obligations, Legal History

The Common law of obligations grew out of the intermingling of native ideas and sophisticated Roman learning. The friction between them was a prime force for legal change, and has remained so right ... More


Performance and Monetary Remedies for Breach of Contract in Japan

Kunihiro NAKATA

in Studies in the Contract Laws of Asia I: Remedies for Breach of Contract

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198757221
eISBN:
9780191817151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198757221.003.0006
Subject:
Law, Law of Obligations, Comparative Law

The legal framework of the provisions of the Japanese Civil Code on non-performance of obligations is based on French, English, German, and other foreign laws, and the interpretation of the ... More


Obligations and Outcomes in the Law of Torts

John Gardner

in Torts and Other Wrongs

Published in print:
2019
Published Online:
February 2020
ISBN:
9780198852940
eISBN:
9780191887208
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198852940.003.0005
Subject:
Law, Philosophy of Law

This chapter argues that reasons to succeed are indeed intelligible apart from the law—i.e. morally intelligible in the relevant sense—and that reasons to try are not morally intelligible, in the ... 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


2. Unity and Fragmentation of the Medieval Law of Contract

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/9780198764113.003.0003
Subject:
Law, Law of Obligations, Legal History

This chapter shows that with the emergence of the action of covenant as a specifically and exclusively contractual remedy, set the stage for the Common law of obligations to align itself with Roman ... More


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