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Foundations Of Private Law Property Tort Contract Unjust Enrichment

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Foundations of Private Law

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Foundations of Private Law by James Gordley Book Summary:

Foundations of Private Law is a treatise on the Western law of property, contract, tort and unjust enrichment in both common law and civil law systems. It describes the doctrines that govern these fields of law and identifies principles that can explain both the similarities and differences between them. The thesis of the book is that underlying these fields of law are common principles, and that these principles can be used to explain the history and development of these areas. These underlying common principles are matters of common sense, which were given their archetypal expression by older jurists who wrote in the Aristotelian tradition. These principles shaped the development of Western law but can resolve legal problems which these older writers did not confront.

Philosophical Foundations of the Law of Unjust Enrichment

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Philosophical Foundations of the Law of Unjust Enrichment by Robert Chambers,Charles Christopher James Mitchell,James E. Penner Book Summary:

Introduction /Robert Chambers, Charles Mitchell, and James Penner --Correctively unjust enrichment /Ernest J Weinrib --Restitution's realism /Hanoch Dagan --The normative foundations of unjust enrichment /Dennis Klimchuk --Resisting temptations to 'justice' /Mitchell McInnes --The nature of responsibility for gain : gain, harm, and keeping the lid on Pandora's box /Kit Barker --Unjust enrichment : nearer to tort than contract /Stephen A. Smith --The meaning of loss and enrichment /James Edelman --Two kinds of enrichment /Robert Chambers --Philosophical foundations of proprietary remedies /Lionel Smith --Value, property, and unjust enrichment : trusts of traceable proceeds /James Penner --Property, unjust enrichment and defective transfers /Charlie Webb --'Mistakes of law' and legal reasoning : interpreting Kleinwort Benson v Lincoln City Council /Aruna Nair --Unjust enrichment and the idea of public law /Charles Mitchell and Peter Oliver --Unconscionable enrichment? /Prince Saprai.

The Laws of Robots

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The Laws of Robots by Ugo Pagallo Book Summary:

This book explores how the design, construction, and use of robotics technology may affect today’s legal systems and, more particularly, matters of responsibility and agency in criminal law, contractual obligations, and torts. By distinguishing between the behaviour of robots as tools of human interaction, and robots as proper agents in the legal arena, jurists will have to address a new generation of “hard cases.” General disagreement may concern immunity in criminal law (e.g., the employment of robot soldiers in battle), personal accountability for certain robots in contracts (e.g., robo-traders), much as clauses of strict liability and negligence-based responsibility in extra-contractual obligations (e.g., service robots in tort law). Since robots are here to stay, the aim of the law should be to wisely govern our mutual relationships.

The Oxford Handbook of the New Private Law

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The Oxford Handbook of the New Private Law by Andrew S. Gold,Carter Professor of General Jurisprudence John C P Goldberg,John C. P. Goldberg,Daniel B. Kelly,Frank B Ingersol Professor of Law Emily Sherwin,Henry E. Smith Book Summary:

"This book discusses developments in scholarship dedicated to reinvigorating the study of the broad domain of private law. This field, which embraces the traditional common law subjects-property, contracts, and torts-as well as adjacent, more statutory areas, such as intellectual property and commercial law, also includes important subjects that have been neglected in the United States but are beginning to make a comeback. The book particularly focuses on the New Private Law, an approach that aims to bring a new outlook to the study of private law by moving beyond reductively instrumentalist policy evaluation and narrow, rule-by-rule, doctrine-by-doctrine analysis, so as to consider and capture how private law's various features fit and work together, as well as the normative underpinnings of these larger structures. This movement is resuscitating the notion of private law itself in United States and has brought an interdisciplinary perspective to the more traditional, doctrinal approach prevalent in Commonwealth countries. The book embraces a broad range of perspectives to private law-including philosophical, economic, historical, and psychological- yet it offers a unifying theme of seriousness about the structure and content of private law."--

Pure Economic Loss

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Pure Economic Loss by Vernon V. Palmer,Mauro Bussani Book Summary:

Pure economic loss is one of the most-discussed problems in the fields of tort and contract. How do we understand the various differences and similarities between these systems and what is the extent to which there is a common-core of agreement on this question? This book takes a comparative approach to the subject, exploring the principles, policies and rules governing tortious liability for pure economic loss in a number of countries and legal systems across the world. The countries covered are USA, Canada, Japan, Israel, South Africa, Japan, Romania, Croatia, Denmark and Poland, with the contributors taking a comparative fact-based approach through the use of hypothetical problems to analyze and then summarize the individual country’s tort approach. Using a fact-based questionnaire, a tested taxonomy, and a sophisticated comparative law methodology, the authors convincingly demonstrate that there are liberal, pragmatic and conservative regimes throughout the world. The recoverability of pure economic loss poses a generic question for these legal systems - it is not just a civil law versus common law issue. It will be of interest to students and academics studying tort law and comparative law in the different countries covered.

Time Limited Interests in Land

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Time Limited Interests in Land by Alain-Laurent Verbeke Book Summary:

Highlights the pivotal role time-limited interests can play in estate planning and the development of social housing and pristine land.

Contributory Negligence

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Contributory Negligence by Emanuel van Dongen Book Summary:

In Contributory Negligence, Emanuel van Dongen gives an overview of the historical development of the effect of contributory negligence on delictual liability, from Antiquity until today.

Philosophical Foundations of Fiduciary Law

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Philosophical Foundations of Fiduciary Law by Andrew S. Gold,Paul B. Miller,Paul B. Miller (Law teacher) Book Summary:

Fiduciary law is one of the most important areas of private law, governing a wide range of relationships that affect people in their daily lives. These new and innovative essays explore the foundations of fiduciary relationships and the duties fiduciaries owe to their beneficiaries.

Street on Torts

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Street on Torts by John Murphy,Christian Witting Book Summary:

Well-established and highly regarded, Street on Torts provides a detailed yet clear overview of tort law, with strong analysis of case law and contextualisation of individual torts. The highly praised broad coverage and logical structure are maintained, ensuring the book remains a classic 50 years after publication of the first edition.

Australian journal of legal philosophy

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Australian journal of legal philosophy by N.A Book Summary:

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European Private Law

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European Private Law by Mauro Bussani,Franz Werro Book Summary:

This book provides reliable information on private law in an increasingly integrated Europe. It contains a collection of specially commissioned essays, including contributions on: corporation law, trust, law of sales, competition law, products liability, personal injuries law, limitation periods, the harmonization of European private law, and more.

The American Journal of Jurisprudence

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The American Journal of Jurisprudence by N.A Book Summary:

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Corrective Justice

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Corrective Justice by Ernest J. Weinrib Book Summary:

Private law governs our most pervasive relationships with other people: the wrongs we do to one another, the property we own and exclude from others' use, the contracts we make and break, and the benefits realized at another's expense that we cannot justly retain. The major rules of private law are well known, but how they are organized, explained, and justified is a matter of fierce debate by lawyers, economists, and philosophers. Ernest Weinrib made a seminal contribution to the understanding of private law with his first book, The Idea of Private Law. In it, he argued that there is a special morality intrinsic to private law: the morality of corrective justice. By understanding the nature of corrective justice we understand the purpose of private law - which is simply to be private law. In this book Weinrib takes up and develops his account of corrective justice, its nature, and its role in understanding the law. He begins by setting out the conceptual components of corrective justice, drawing a model of a moral relationship between two equals and the rights and duties that exist between them. He then explains the significance of corrective justice for various legal contexts: for the grounds of liability in negligence, contract, and unjust enrichment; for the relationship between right and remedy; for legal education; for the comparative understanding of private law; and for the compatibility of corrective justice with state support for the poor. Combining legal and philosophical analysis, Corrective Justice integrates a concrete and wide-ranging treatment of legal doctrine with a unitary and comprehensive set of theoretical ideas. Alongside the revised edition of The Idea of Private Law, it is essential reading for all academics, lawyers, and students engaged in understanding the foundations of private law.

Michigan Law Review

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Michigan Law Review by N.A Book Summary:

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Towards a Unified System of Land Burdens?

Foundations Of Private Law Property Tort Contract Unjust Enrichment [Pdf/ePub] eBook

Towards a Unified System of Land Burdens? by Sjef Van Erp,Bram Akkermans Book Summary:

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Law and Morality

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Law and Morality by N.A Book Summary:

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The Journal of Markets & Morality

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The Journal of Markets & Morality by N.A Book Summary:

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Current Publications in Legal and Related Fields

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Current Publications in Legal and Related Fields by N.A Book Summary:

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Engaging with Foreign Law

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Engaging with Foreign Law by Basil S Markesinis,Jörg Fedtke Book Summary:

This book is about foreign law â?? the law of a country other than that of the 'national' lawyer and how to engage with it. There are many reasons for engaging with and understanding foreign law. For instance, local law may be underdeveloped, unclear, or deficient, and recourse to foreign law may help strengthen the conviction that change is needed, and even suggest what form it should take. This book shows how to analyze foreign ideas, concepts, and institutions, and then it explains how to 'package' or 're-package' them so as to make the material usable in one's own national context. Engaging with Foreign Law is about legal methodology â?? more particularly, comparative methodology â?? as well as substantive foreign law, and it goes a step further than most comparative law works both in terms of content and philosophy. The authors also provide personal impressions and background about the subject and its protagonists, demonstrating to the reader how much comparative law has developed and changed during the last forty years. Engaging with Foreign Law will inform and provoke in equal measure, and will also prove fun to use in the legal classroom setting.

Comparative Law

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Comparative Law by John Henry Merryman,David Scott Clark,John Owen Haley Book Summary:

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Hastings International and Comparative Law Review

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Hastings International and Comparative Law Review by N.A Book Summary:

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Bibliographie Internationale de Science Politique

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Bibliographie Internationale de Science Politique by N.A Book Summary:

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Unjust Enrichment and Contract

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Unjust Enrichment and Contract by Tariq Baloch Book Summary:

This book examines unjust enrichment's role in the contractual context, or contracts which are terminated for breach, subsisting, or unenforceable.

Special Issue

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Special Issue by N.A Book Summary:

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Comparative Legal Traditions

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Comparative Legal Traditions by Mary Ann Glendon,Michael W. Gordon,Paolo G. Carozza,Christopher Osakwe,Colin Picker Book Summary:

This new edition includes some significant revisions since the last edition was published in 1994. The new edition includes: A greater emphasis on Public Law in the Continental and Common law traditions; More coverage of the impact of the regional European law (EC/EU and ECHR) on the legal traditions; Some updated "Problems" (including one concerning Mixed Jurisdictions); and Numerous updates to the Common Law Tradition materials in light of the many significant reforms in England over the last ten years.

Defences in Unjust Enrichment

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Defences in Unjust Enrichment by Andrew Dyson,James Goudkamp,Frederick Wilmot-Smith Book Summary:

This book is the second in a series of essay collections on defences in private law. It addresses defences to liability arising in unjust enrichment. The essays are written from a range of perspectives and methodologies. Some are doctrinal, others are theoretical, and several offer comparative insights. The most important defence in this area of the law, change of position, is addressed in detail, but many other defences are treated too, as well as the interrelations between these defences within the law of unjust enrichment. The essays offer novel claims and ways of looking at problems in this challenging area of legal study.

Contract Law

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Contract Law by John Cartwright Book Summary:

This book gives an introduction to the English law of contract. In this new and fully updated edition the book retains the primary focus of the first edition: it is designed to introduce the lawyer trained in a civil law jurisdiction to the method of reasoning in the common law, and in particular to the English law of contract. It is written for the lawyer-whether student or practitioner-from another jurisdiction who already has an understanding of a (different) law of contract, but who wishes to discover the way in which an English lawyer views a contract. However, setting English contract law generally in the context of other European and international approaches, the book forms an introductory text for the English student, who can see not only how English contract law works but also get a glimpse of different ways of thinking about some of the fundamental rules of contract law. After a general introduction to the common law system-how a common lawyer reasons and finds the law-the book explains the principles of the law of contract in English law covering all the aspects of a contract from its formation to the remedies available for breach, whilst directing attention in particular to those areas where the approach of English law is in marked contrast to that taken in many civil law systems.

Non-contractual Liability Arising Out of Damage Caused to Another

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Non-contractual Liability Arising Out of Damage Caused to Another by Christian von Bar Book Summary:

In European law, "non-contractual liability arising out of damage caused to another" is one of the three main non-contractual obligations dealt with in the Draft of a Common Frame of Reference. The law of non-contractual liability arising out of damage caused to another â?? in the common law known as tort law or the law of torts, but in most other jurisdictions referred to as the law of delict â?? is the area of law which determines whether one who has suffered a damage, can on that account demand reparation â?? in money or in kind â?? from another with whom there may be no other legal connection than the causation of damage itself. Besides determining the scope and extent of responsibility for dangers of one's own or another's creation, this field of law serves to protect fundamental rights in the private law domain, that is to say horizontally between citizens inter se. Based on pan-European comparative research which annotates the work, this book presents model rules on liability. Explanatory comments and illustrations amplify the policy decisions involved. During the drafting process, comparative material from over 25 different EU jurisdictions has been taken into account. The work therefore is not only a presentation of a future model for European rules to come, but also provides a fairly detailed indication of the present legal situation in the Member States.

The Idea of Private Law

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The Idea of Private Law by Ernest J Weinrib Book Summary:

This revised edition of The Idea of Private Law makes one of the major works of modern legal theory accessible to a new generation of lawyers and students. It includes a new introduction by the author, looking back at the work, its origins, and its aspirations.

Basic Questions of Tort Law from a Germanic Perspective

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Basic Questions of Tort Law from a Germanic Perspective by Helmut Koziol Book Summary:

This book seeks to produce answers to the basic questions of tort law in Europe from a comparative perspective. It is intended to provide a basis for comprehensive responses by representatives of other European legal families and jurisdictions outside Europe on the fundamental ideas in this book. The book gives an extensive introduction to the delictual and contractual law of liability and damages. Above all, the position of the law of tort within the overall system for the protection of legal goods is examined. The focus is on particularly controversial issues and new approaches. Not only is the relationship between breaches of obligations and torts examined, the basic requirements for a claim under tort law—damage and causation—are discussed. An extensive section is devoted to the elements of establishing liability and the question of liability on the side of the victim, (contributory responsibility) is looked at anew. A final section is devoted to the prescription of compensation claims.

Commentary on the UNIDROIT Principles of International Commercial Contracts (PICC)

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Commentary on the UNIDROIT Principles of International Commercial Contracts (PICC) by Stefan Vogenauer,Jan Kleinheisterkamp Book Summary:

This book is an article by article commentary of the UNIDROIT Principles on international commercial contracts, the most important set of rules which parties to an international contract can choose to govern their agreement. The UNIDROIT Principles have been elaborated by an international team of distinguished practitioners and academics on the basis of the rules of contracts law that are common or at least acceptable to all national legal orders. This Commentaryallows easy and structured access to the Principles by offering a digest of, and extensive refrences to, the existing case law and literature, as well as comparison with existing national and international legislation and its application in practice. This book is a useful tool for practitioners andscholars needing quick and reliable information for the legal assessment of cases or for research on the law of international contracts

The German Law of Unjustified Enrichment and Restitution

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The German Law of Unjustified Enrichment and Restitution by Gerhard Dannemann Book Summary:

This text provides a comprehensive description in the English language of the German law of unjust enrichment, by explaining how this works in the context of German law, and by discussing the implications this would have if the German system were implemented in an English legal environment.

The Goals of Private Law

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The Goals of Private Law by Andrew Robertson,Hang Wu Tang Book Summary:

This collection contributes to a fundamentally important set of debates about the nature of private law. The essays consider whether private law should be seen as having goals and, if so, whether those goals are particular to private as opposed to public law. They consider the legitimacy of the pursuit of community welfare goals in private law and the place of instrumentalist thinking in private law scholarship. They explore the relationship between the pursuit of policy goals and the other influences that shape private law, such as the formal values of certainty, consistency and coherence and the need to do justice to the parties to particular disputes. The collection analyses the role that particular policy goals do and should play in particular private law doctrines, and contributes to debate about the relationship between community welfare goals and considerations of interpersonal morality arising from the interactions between individuals. The contributors are drawn from across the common law world and offer a diverse range of perspectives on the controversies under consideration.

Property Rights: a Re-Examination

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Property Rights: a Re-Examination by J. E. Penner Book Summary:

Ranging over a host of issues, Property Rights: A Re-Examination pinpoints and addresses a number of theoretical problems at the heart of property theory. Part 1 reconsiders and rejects, once again, the bundle of rights picture of property and the related nominalist theories of property, showing that ownership reflects a tripartite structure of title: the right to immediate, exclusive, possession, the power to license what would otherwise be a trespass, and the power to transfer ownership. Part 2 explores in detail the Hohfeldian theory of jural relations, in particular liberties and powers and Hohfeld's concept of 'multital' jural relations, and shows that this theory fails to illuminate the nature of property rights, and indeed obscures much that it is vital to understand about them. Part 3 considers the form and justification of property rights, beginning with the relation an owner's liberty to use her property and her 'right to exclude', with particular reference to the tort of nuisance. Next up for consideration is the Kantian theory of property rights, the deficiencies of which lead us to understand that the only natural right to things is a form of use- or usufructory-right. Part 3 concludes by addressing the ever-vexed question of property rights in land.

Party Autonomy in Private International Law

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Party Autonomy in Private International Law by Alex Mills Book Summary:

Provides an unprecedented historical, theoretical and comparative analysis and appraisal of party autonomy in private international law. These issues are of great practical importance to any lawyer dealing with cross-border legal relationships, and great theoretical importance to a wide range of scholars interested in law and globalisation.

The Jurists

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The Jurists by James Gordley Book Summary:

Current Western law has been shaped by the work of successive schools of jurists throughout the ages. From ancient Rome to the present, this book describes their work in their historical context and their influence on later schools.

Principles, Definitions and Model Rules of European Private Law

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Principles, Definitions and Model Rules of European Private Law by Christian von Bar,Eric Clive,Hans Schulte-Nölke Book Summary:

A year ago, the "Draft Common Frame of Reference" was published for the first time in an interim outline edition. Now we proudly present the final outline edition of the DCFR. - revision of the already published text to take account of the public discussion - major new topics covered - an additional section on the principles underlying the model rules - revised and expanded list of definitions The six-volume full edition of the DCFR including all comments and notes will be published in October 2009.

ジュリスト

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ジュリスト by N.A Book Summary:

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