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JURISTS’ LAW

NEIL DUXBURY

in Frederick Pollock and the English Juristic Tradition

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199270224
eISBN:
9780191710384
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199270224.003.0005
Subject:
Law, Legal History

This chapter examines the arguments underlying, and the influence of, Pollock’s treatise writing. It explains that like Lord Mansfield, Pollock believed that the law does not consist of particular ... More


Negligence

Michael Lobban

in The Oxford History of the Laws of England: Volume XII: 1820–1914 Private Law

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199258826
eISBN:
9780191705168
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258826.003.0021
Subject:
Law, Legal History

This chapter discusses the development of the concept of negligence and its place in the law of torts. Topics covered include the birth of negligence, defining negligence, and rethinking negligence.


Torts

Robert Stevens

in The Judicial House of Lords 1876–2009:

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199532711
eISBN:
9780191705489
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199532711.003.0040
Subject:
Law, Legal History

The modern law of torts is dominated by decisions of the House of Lords. In other areas of private law this is not so. Within contract law, for example, the leading cases are frequently those of the ... More


Malice and the Law of Torts

MICHAEL TAGGART

in Private Property and Abuse of Rights in Victorian England: The Story of Edward Pickles and the Bradford Water Supply

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199256877
eISBN:
9780191719646
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199256877.003.0008
Subject:
Law, Human Rights and Immigration, Legal History

For a 20-year period spanning the turn of the 20th century, the place of malice in the law of torts was a matter of considerable legal interest. For England, the debate began with the pioneering work ... More


9. The Law of Torts in the Nineteenth Century: The Rise of the Tort of Negligence

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/9780198764113.003.0010
Subject:
Law, Law of Obligations, Legal History

This chapter shows how the law of torts at the start of the 19th century was still recognizably medieval. It was characterized by the division between the action of trespass and the action on the ... More


Concepts in Resource Property Rights

Anthony Scott

in The Evolution of Resource Property Rights

Published in print:
2008
Published Online:
May 2008
ISBN:
9780198286035
eISBN:
9780191718410
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198286035.003.0001
Subject:
Economics and Finance, Development, Growth, and Environmental

This opening chapter explains how the ‘completeness’ of a property right is measured by the extent to which it has all of six ‘characteristics’. These are exclusivity, duration, flexibility, quality ... More


The Law of Obligations

V.C. Govindaraj

in The Conflict of Laws in India: Inter-Territorial and Inter-Personal Conflict, Second Edition

Published in print:
2019
Published Online:
September 2019
ISBN:
9780199495603
eISBN:
9780199097821
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199495603.003.0005
Subject:
Law, Private International Law

The law of obligations consists of the law of contracts and the law of torts. The law of obligations, whether it be contract or tort, is the outcome of the act of parties which gives rise to a legal ... More


4. The Substantive Law of Torts

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/9780198764113.003.0005
Subject:
Law, Law of Obligations, Legal History

This chapter begins with a discussion of how the substantive law of torts in the Middle Ages was inherently messy, mainly because the law of torts always responds retrospectively to alleged ... More


The Law of Tort

Eva Steiner

in French Law: A Comparative Approach

Published in print:
2018
Published Online:
April 2018
ISBN:
9780198790884
eISBN:
9780191833342
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198790884.003.0014
Subject:
Law, Comparative Law

This chapter examines the French law of tort. Although French law takes a broad approach to civil liability, when looking more closely at the way in which French judges have dealt with claims in ... More


The Evidential Damage Doctrine: Applications and Evaluation

Ariel Porat and Alex Stein

in Tort Liability Under Uncertainty

Published in print:
2001
Published Online:
March 2012
ISBN:
9780198267973
eISBN:
9780191683435
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198267973.003.0008
Subject:
Law, Law of Obligations

This chapter evaluates the application of the proposed evidential damage doctrine to paradigmatic tort cases. It compares the results with those obtained by positive law. The findings reveal that the ... More


3. Trespass, Trespass on the Case, and the Medieval Law of Tort

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/9780198764113.003.0004
Subject:
Law, Law of Obligations, Legal History

This chapter begins with a discussion of how the action of trespass as an ordinary feature of the jurisdiction of the royal courts gives some shape to the emergent law of tort. It then shows how, by ... More


8. Trespass, Case, and the Moral Basis of Liability

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/9780198764113.003.0009
Subject:
Law, Law of Obligations, Legal History

This chapter shows how central to the later medieval law of torts was the division between the action of trespass and action on the case. The former lay for invasive interferences to land, goods, or ... More


1. Structural Foundations

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/9780198764113.003.0002
Subject:
Law, Law of Obligations, Legal History

This chapter begins with a discussion of liability for wrongdoing, showing how it became focused on the causation of loss. This became the general central feature of the action of trespass, and it ... More


Trespass and Case

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/9780198258179.003.0040
Subject:
Law, Legal History

This chapter examines the law of torts as they relate to trespassing in England during the Tudor period. Like the law of chattels, the law of torts was also subsumed under the law of actions. ... More


The Timeless Principles of the Common Law: Keeble v. Hickeringill (1707)

A. W. Brian Simpson

in Leading Cases in the Common Law

Published in print:
1996
Published Online:
March 2012
ISBN:
9780198262992
eISBN:
9780191682438
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262992.003.0003
Subject:
Law, Legal History

This chapter discusses the case of Keeble v. Hickeringill. The case involved an action for damages for frightening ducks. Although the case is still an authority of some importance in English law, ... More


Introduction

John Gardner

in From Personal Life to Private Law

Published in print:
2018
Published Online:
May 2018
ISBN:
9780198818755
eISBN:
9780191859656
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198818755.003.0001
Subject:
Law, Philosophy of Law

This introductory chapter clarifies the definitions of ‘personal life’ and ‘private law’ as undertaken by this book. Roughly, ‘personal life’ refers to what people do (as well as what they think, ... 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


Defamation

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/9780198258179.003.0044
Subject:
Law, Legal History

This chapter examines the law of torts related to defamation in England during the Tudor period. During this period, defamation was still almost exclusively within the province of the ecclesiastical ... More


Something Came Between Us

John Gardner

in From Personal Life to Private Law

Published in print:
2018
Published Online:
May 2018
ISBN:
9780198818755
eISBN:
9780191859656
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198818755.003.0002
Subject:
Law, Philosophy of Law

This chapter explores the sense in which the duties of the law of torts and the law of contract may be said to be ‘relational’. It takes a stand against the hyper-relationalism of many writings on ... More


The Roman Law of Obligations

Peter Birks

Eric Descheemaeker (ed.)

Published in print:
2014
Published Online:
September 2014
ISBN:
9780198719274
eISBN:
9780191788543
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198719274.001.0001
Subject:
Law, Law of Obligations, Legal History

This volume, the first in the Collected Papers of Peter Birks series, contains notes on a series of lectures on the Roman law of obligations which were delivered in Edinburgh in 1982. Their ... More


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