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State Liability in Tort: A Comparative Law Study

Duncan Fairgrieve

Published in print:
2003
Published Online:
March 2012
ISBN:
9780199258055
eISBN:
9780191698507
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258055.001.0001
Subject:
Law, Law of Obligations

This book examines the topical sphere of governmental liability in damages, arguing that that there has been an important shift in the traditional English law approach as illustrated in a series of ... 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


What is Nonfeasance?

Jeroen Kortmann

in Altruism in Private Law: Liability for Nonfeasance and Negotiorum Gestio

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199280056
eISBN:
9780191700101
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199280056.003.0002
Subject:
Law, Law of Obligations

This chapter explains the term nonfeasance. There are many situations in which it is very difficult to draw any logical distinction between feasance and nonfeasance. Part of the problem is caused by ... More


Assumpsit for Nonfeasance

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/9780198258179.003.0049
Subject:
Law, Legal History

This chapter examines the concept and principle of assumpsit for nonfeasance under the law of contract in England during the Tudor period. During this period, assumpsit law was based on the ... More


Negligence Liability

Ernest J. Weinrib

in The Idea of Private Law

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199665815
eISBN:
9780191748622
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199665815.003.0006
Subject:
Law, Philosophy of Law, Law of Obligations

This chapter elucidates the immanence of corrective justice in negligence liability. It examines each of the negligence concepts (reasonable care, the duty of care, proximate cause, factual cause, ... More


Legal Analysis

Allan Beever

in Forgotten Justice: Forms of Justice in the History of Legal and Political Theory

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199675487
eISBN:
9780191755477
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199675487.003.0013
Subject:
Law, Philosophy of Law, Legal History

This chapter examines the ways in which the theories examined earlier in the book understand the private law. It explores in particular the basis of our private law rights, the objective standard of ... More


Assumpsit for misfeasance

John Baker

in Baker and Milsom Sources of English Legal History: Private Law to 1750

Published in print:
2019
Published Online:
September 2019
ISBN:
9780198847809
eISBN:
9780191882456
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198847809.003.0014
Subject:
Law, Legal History

The principal species of action on the case in the fourteenth century was that brought for a non-forcible wrong causing physical damage, such as negligence by a carrier or surgeon. The cases in this ... More


Contract: Assumpsit and Deceit

John Baker

in Introduction to English Legal History

Published in print:
2019
Published Online:
June 2019
ISBN:
9780198812609
eISBN:
9780191850400
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198812609.003.0019
Subject:
Law, Legal History

This chapter traces the development of the action of assumpsit, a species of trespass on the case used to enforce informal contracts. The earliest examples were of ‘misfeasance’ causing physical ... More


Transactions Defrauding Creditors (Insolvency Act 1986, Section 423)

James Ayliffe

in Transaction Avoidance in Insolvencies

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198793403
eISBN:
9780191927836
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198793403.003.0012
Subject:
Law, Company and Commercial Law

Section 423, which is applicable in both corporate and personal insolvency, acknowledges that transactions that are prejudicial to creditors may be entered into at any time, and not just in the ... More


Avoidance of Floating Charges (Insolvency Act 1986, Section 245: Corporate Insolvency Only)

Rebecca Parry

in Transaction Avoidance in Insolvencies

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198793403
eISBN:
9780191927836
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198793403.003.0021
Subject:
Law, Company and Commercial Law

A floating charge, of course, increases the likelihood upon the winding up of the debtor that a creditor will receive payment for sums that the creditor has advanced. Conversely, the existence of a ... More


Office Holder Claims

Rebecca Parry, Sharif Shivji, and Guy Olliff-Cooper

in Transaction Avoidance in Insolvencies

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198793403
eISBN:
9780191927836
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198793403.003.0023
Subject:
Law, Company and Commercial Law

Office holder claims under the Insolvency Act 1986 present an important alternative, or additional, means of recovering assets in corporate insolvency cases. Section 212 provides a summary ... More


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