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The result is a system shot through with inconsistencies and illogicalities, but with the resilience to adapt as necessary to take account of shifting pressures and changing circumstances.
In this book David Ibbetson exposes the historical layers beneath the modern rules and principles of contract, tort, and unjust enrichment. Small-scale changes caused by lawyers successfully exploiting procedural advantages are juxtaposed with changes caused by friction along the boundaries of these principal legal categories; fossilized remnants of old doctrines jostle with newer ideas in a state of…mehr
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The result is a system shot through with inconsistencies and illogicalities, but with the resilience to adapt as necessary to take account of shifting pressures and changing circumstances.
In this book David Ibbetson exposes the historical layers beneath the modern rules and principles of contract, tort, and unjust enrichment. Small-scale changes caused by lawyers successfully exploiting procedural advantages are juxtaposed with changes caused by friction along the boundaries of these principal legal categories; fossilized remnants of old doctrines jostle with newer ideas in a state of half-consistent tension; and loose-knit rules of equity developed in the Chancery infiltrate themselves into more tightly controlled Common law structures.
In this book David Ibbetson exposes the historical layers beneath the modern rules and principles of contract, tort, and unjust enrichment. Small-scale changes caused by lawyers successfully exploiting procedural advantages are juxtaposed with changes caused by friction along the boundaries of these principal legal categories; fossilized remnants of old doctrines jostle with newer ideas in a state of half-consistent tension; and loose-knit rules of equity developed in the Chancery infiltrate themselves into more tightly controlled Common law structures.
Produktdetails
- Produktdetails
- Verlag: OXFORD UNIV PR
- Seitenzahl: 352
- Erscheinungstermin: 9. März 2000
- Englisch
- Abmessung: 229mm x 152mm x 24mm
- Gewicht: 685g
- ISBN-13: 9780198764120
- ISBN-10: 019876412X
- Artikelnr.: 21444630
- Verlag: OXFORD UNIV PR
- Seitenzahl: 352
- Erscheinungstermin: 9. März 2000
- Englisch
- Abmessung: 229mm x 152mm x 24mm
- Gewicht: 685g
- ISBN-13: 9780198764120
- ISBN-10: 019876412X
- Artikelnr.: 21444630
David Ibbetson is a lecturer in law at Oxford University
* 1 Prologue: The Prehistory of the English Law of Obligations
* Pervasive Ideas
* Penalties and Entitlements
* Wrongs: Dishonour and Loss
* The Economy of Exchange
* Oaths: Threats and Promises
* Contracts and Personal Bonds
* Obligations in Roman Law
* Delict
* Contract
* Quasi-Contract
* Quasi-Delict
* 2 Structural Foundations
* Liability for Wrongdoing: Damage and Dishonour
* Glanvill and the Law of Debt
* Covenant and a Law of Contract
* 3 Unity and Fragmentation of the Mediaeval Law of Contract
* The Formalization of Covenant
* Covenant and the Conditional Bond
* The Fragmentation of Remedies for Informal Contracts
* 4 Trespass, Trespass on the Case, and the Mediaeval Law of Tort
* The Core of Trespass: Forcible Wrongdoing
* Contractual Misperformance and Non-forcible Wrongs
* The Origins of Trespass on the Case
* 5 The Substantive Law of Torts
* Strict Liability and the Role of Fault
* The Scope of Trespassory Liability
* 6 The Substantive Law of Contract
* Voluntariness, Agreement, and the Formation of Contracts
* The Boundaries of Contract
* Expectations, Entitlements, and Liability for Breach of Contract
* Part 2 The Triumph of Trespass on the Case
* 7 Tort, Property, and Reputation: the Expansion of the Action on the
Case
* Nuisance
* Trover and Conversion
* Tort and Reputation: Defamation
* 8 The Rise of the Action of Assumpsit
* Trespass on the Case and Contractual Liability
* Contract and Tort: the Action of Assumpsit
* Assumpsit and the Theory of Contract
* The Formal Structure of Contractual Litigation
* Part 3 The Modern Law of Tort and Contract
* 9 Trespass, Case, and the Moral Basis of Liability
* Trespass and Case: the Formal Division
* The Crystallisation of Neglligence
* 10 The Law of Torts in the Nineteenth Century: The rise of the Tort
of Negligence
* The Tort of Negligence
* The Fragmentation of the Law of Tort
* 11 The Law of Torts in the Twentieth Century: Expansion and Collapse
of the Tort of Negligence
* The Unity of the Tort of Negligence
* Negligence and its Satellites
* 12 Foundations of the Modern Law of Contract
* The Model of Contract
* The Theory of Contract
* 13 The Rise of the Will Theory
* The Will Theory and the Classical Model of Contract
* The Will Theory and the Model of Exchange
* 14 The Decline of the Will Theory: Legal Regulation and Contractual
Fairness
* Internal Weakness of the Will Theory
* Undercutting the Will of the Parties
* Part 4 Unjust Enrichment
* 15 Unjust Enrichment
* Unjust Enrichment before Lord Mansfield
* Implied Trusts and Implied Contracts
* Quasi-Contract, Restitution, and Unjust Enrichment
* 16 Legal Change and Legal Continuity
* Pervasive Ideas
* Penalties and Entitlements
* Wrongs: Dishonour and Loss
* The Economy of Exchange
* Oaths: Threats and Promises
* Contracts and Personal Bonds
* Obligations in Roman Law
* Delict
* Contract
* Quasi-Contract
* Quasi-Delict
* 2 Structural Foundations
* Liability for Wrongdoing: Damage and Dishonour
* Glanvill and the Law of Debt
* Covenant and a Law of Contract
* 3 Unity and Fragmentation of the Mediaeval Law of Contract
* The Formalization of Covenant
* Covenant and the Conditional Bond
* The Fragmentation of Remedies for Informal Contracts
* 4 Trespass, Trespass on the Case, and the Mediaeval Law of Tort
* The Core of Trespass: Forcible Wrongdoing
* Contractual Misperformance and Non-forcible Wrongs
* The Origins of Trespass on the Case
* 5 The Substantive Law of Torts
* Strict Liability and the Role of Fault
* The Scope of Trespassory Liability
* 6 The Substantive Law of Contract
* Voluntariness, Agreement, and the Formation of Contracts
* The Boundaries of Contract
* Expectations, Entitlements, and Liability for Breach of Contract
* Part 2 The Triumph of Trespass on the Case
* 7 Tort, Property, and Reputation: the Expansion of the Action on the
Case
* Nuisance
* Trover and Conversion
* Tort and Reputation: Defamation
* 8 The Rise of the Action of Assumpsit
* Trespass on the Case and Contractual Liability
* Contract and Tort: the Action of Assumpsit
* Assumpsit and the Theory of Contract
* The Formal Structure of Contractual Litigation
* Part 3 The Modern Law of Tort and Contract
* 9 Trespass, Case, and the Moral Basis of Liability
* Trespass and Case: the Formal Division
* The Crystallisation of Neglligence
* 10 The Law of Torts in the Nineteenth Century: The rise of the Tort
of Negligence
* The Tort of Negligence
* The Fragmentation of the Law of Tort
* 11 The Law of Torts in the Twentieth Century: Expansion and Collapse
of the Tort of Negligence
* The Unity of the Tort of Negligence
* Negligence and its Satellites
* 12 Foundations of the Modern Law of Contract
* The Model of Contract
* The Theory of Contract
* 13 The Rise of the Will Theory
* The Will Theory and the Classical Model of Contract
* The Will Theory and the Model of Exchange
* 14 The Decline of the Will Theory: Legal Regulation and Contractual
Fairness
* Internal Weakness of the Will Theory
* Undercutting the Will of the Parties
* Part 4 Unjust Enrichment
* 15 Unjust Enrichment
* Unjust Enrichment before Lord Mansfield
* Implied Trusts and Implied Contracts
* Quasi-Contract, Restitution, and Unjust Enrichment
* 16 Legal Change and Legal Continuity
* 1 Prologue: The Prehistory of the English Law of Obligations
* Pervasive Ideas
* Penalties and Entitlements
* Wrongs: Dishonour and Loss
* The Economy of Exchange
* Oaths: Threats and Promises
* Contracts and Personal Bonds
* Obligations in Roman Law
* Delict
* Contract
* Quasi-Contract
* Quasi-Delict
* 2 Structural Foundations
* Liability for Wrongdoing: Damage and Dishonour
* Glanvill and the Law of Debt
* Covenant and a Law of Contract
* 3 Unity and Fragmentation of the Mediaeval Law of Contract
* The Formalization of Covenant
* Covenant and the Conditional Bond
* The Fragmentation of Remedies for Informal Contracts
* 4 Trespass, Trespass on the Case, and the Mediaeval Law of Tort
* The Core of Trespass: Forcible Wrongdoing
* Contractual Misperformance and Non-forcible Wrongs
* The Origins of Trespass on the Case
* 5 The Substantive Law of Torts
* Strict Liability and the Role of Fault
* The Scope of Trespassory Liability
* 6 The Substantive Law of Contract
* Voluntariness, Agreement, and the Formation of Contracts
* The Boundaries of Contract
* Expectations, Entitlements, and Liability for Breach of Contract
* Part 2 The Triumph of Trespass on the Case
* 7 Tort, Property, and Reputation: the Expansion of the Action on the
Case
* Nuisance
* Trover and Conversion
* Tort and Reputation: Defamation
* 8 The Rise of the Action of Assumpsit
* Trespass on the Case and Contractual Liability
* Contract and Tort: the Action of Assumpsit
* Assumpsit and the Theory of Contract
* The Formal Structure of Contractual Litigation
* Part 3 The Modern Law of Tort and Contract
* 9 Trespass, Case, and the Moral Basis of Liability
* Trespass and Case: the Formal Division
* The Crystallisation of Neglligence
* 10 The Law of Torts in the Nineteenth Century: The rise of the Tort
of Negligence
* The Tort of Negligence
* The Fragmentation of the Law of Tort
* 11 The Law of Torts in the Twentieth Century: Expansion and Collapse
of the Tort of Negligence
* The Unity of the Tort of Negligence
* Negligence and its Satellites
* 12 Foundations of the Modern Law of Contract
* The Model of Contract
* The Theory of Contract
* 13 The Rise of the Will Theory
* The Will Theory and the Classical Model of Contract
* The Will Theory and the Model of Exchange
* 14 The Decline of the Will Theory: Legal Regulation and Contractual
Fairness
* Internal Weakness of the Will Theory
* Undercutting the Will of the Parties
* Part 4 Unjust Enrichment
* 15 Unjust Enrichment
* Unjust Enrichment before Lord Mansfield
* Implied Trusts and Implied Contracts
* Quasi-Contract, Restitution, and Unjust Enrichment
* 16 Legal Change and Legal Continuity
* Pervasive Ideas
* Penalties and Entitlements
* Wrongs: Dishonour and Loss
* The Economy of Exchange
* Oaths: Threats and Promises
* Contracts and Personal Bonds
* Obligations in Roman Law
* Delict
* Contract
* Quasi-Contract
* Quasi-Delict
* 2 Structural Foundations
* Liability for Wrongdoing: Damage and Dishonour
* Glanvill and the Law of Debt
* Covenant and a Law of Contract
* 3 Unity and Fragmentation of the Mediaeval Law of Contract
* The Formalization of Covenant
* Covenant and the Conditional Bond
* The Fragmentation of Remedies for Informal Contracts
* 4 Trespass, Trespass on the Case, and the Mediaeval Law of Tort
* The Core of Trespass: Forcible Wrongdoing
* Contractual Misperformance and Non-forcible Wrongs
* The Origins of Trespass on the Case
* 5 The Substantive Law of Torts
* Strict Liability and the Role of Fault
* The Scope of Trespassory Liability
* 6 The Substantive Law of Contract
* Voluntariness, Agreement, and the Formation of Contracts
* The Boundaries of Contract
* Expectations, Entitlements, and Liability for Breach of Contract
* Part 2 The Triumph of Trespass on the Case
* 7 Tort, Property, and Reputation: the Expansion of the Action on the
Case
* Nuisance
* Trover and Conversion
* Tort and Reputation: Defamation
* 8 The Rise of the Action of Assumpsit
* Trespass on the Case and Contractual Liability
* Contract and Tort: the Action of Assumpsit
* Assumpsit and the Theory of Contract
* The Formal Structure of Contractual Litigation
* Part 3 The Modern Law of Tort and Contract
* 9 Trespass, Case, and the Moral Basis of Liability
* Trespass and Case: the Formal Division
* The Crystallisation of Neglligence
* 10 The Law of Torts in the Nineteenth Century: The rise of the Tort
of Negligence
* The Tort of Negligence
* The Fragmentation of the Law of Tort
* 11 The Law of Torts in the Twentieth Century: Expansion and Collapse
of the Tort of Negligence
* The Unity of the Tort of Negligence
* Negligence and its Satellites
* 12 Foundations of the Modern Law of Contract
* The Model of Contract
* The Theory of Contract
* 13 The Rise of the Will Theory
* The Will Theory and the Classical Model of Contract
* The Will Theory and the Model of Exchange
* 14 The Decline of the Will Theory: Legal Regulation and Contractual
Fairness
* Internal Weakness of the Will Theory
* Undercutting the Will of the Parties
* Part 4 Unjust Enrichment
* 15 Unjust Enrichment
* Unjust Enrichment before Lord Mansfield
* Implied Trusts and Implied Contracts
* Quasi-Contract, Restitution, and Unjust Enrichment
* 16 Legal Change and Legal Continuity