David Ibbetson (Lecturer in Law at Oxford University )

A Historical Introduction to the Law of Obligations

• Broschiertes Buch

Produktbeschreibung

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.

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This work traces the history of the English Law of obligations from the twelfth century to the present day. It aims to cut through technicalities and to be comprehensible to readers other than specialist legal historians. It should be of interest to all those wanting to understand how the English Common law has revolved.

Produktdetails

• Verlag: Oxford University Press
• Seitenzahl: 352
• Erscheinungstermin: 12. April 2001
• Englisch
• Abmessung: 234mm x 156mm x 19mm
• Gewicht: 508g
• ISBN-13: 9780198764113
• ISBN-10: 0198764111
• Artikelnr.: 21887123

Autorenporträt

David Ibbetson is a lecturer in law at Oxford University

Inhaltsangabe

* Prologue: The Prehistory of the English Law of Obligations
* I Form and Substance in Medieveal Law
* 1: Structural Foundations
* 2: Unity and Fragmentation of the Mediaeval Law of Contract
* 3: Trespass, Trespass on the Case, and the Mediaeval Law of Tort
* 4: The Substantive Law of Torts
* 5: The Substantive Law of Contract
* 2 The Triumph of Trespass on the Case
* 6: Tort, Property, and Reputation: the Expansion of the Action on the
Case
* 7: The Rise of the Action of Assumpsit
* 3 The Modern Law of Tort and Contract
* 8: Trespass, Case, and the Moral Basis of Liability
* 9: The Law of Torts in the Nineteenth Century: The Rise of the Tort
of Negligence
* 10: The Law of Torts in the Twentieth Century: Expansion and Collapse
of the Tort of Negligence
* 11: Foundations of the Modern Law of Contract
* 12: The Rise of the Will Theory
* 13: The Decline of the Will Theory: Legal Regulation and Contractual
Fairness
* 4 Unjust Enrichment
* 14: Unjust Enrichment
* 15: Legal Change and Legal Continuity