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Measuring Damages in the Law of Obligations
The Search for Harmonised Principles
Sirko Harder
This book challenges certain differences between contract, tort and equity in relation to the measure (in a broad sense) of damages. Damages are defined as the monetary award made by a court in consequence of a breach of contract, a tort or an equitable wrong. In all these causes of action, damages usually aim to put the claimant into the position the claimant would be in without the wrong. Even though the main objective of damages is thus the same for each cause of action, their measure is not. While some aspects of the measure of damages are more or less harmonised between contract, tort and equity (e.g. causation in fact and mitigation), significant differences exist in relation to (1) remoteness of damage, which is the question o...
July 2010   330pp    hbk    9781841138633    $120.00   
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Unjust Enrichment and Public Law
A Comparative Study of England, France and the EU
Rebecca Williams
This book examines claims involving unjust enrichment and public bodies in France,England and the EU. Part 1 explores the law as it now stands in England and Wales as a result of cases such as Woolwich EBS v IRC, those resulting from the decision of the European Court of Justice (ECJ) in Metallgesellschaft and Hoechst v IRC and those involving Local Authority swaps transactions. So far these cases have been viewed from either a public or a private law perspective, whereas in fact both branches of the law are relevant, and the author argues that the courts ought not to lose sight of the public law issues when a claim is brought under the private law of unjust enrichment, or vice versa. In order to achieve this a hybrid approach is outline...
June 2010   304pp    hbk    9781841134147    $100.00   
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Contract as Assumption
Essays on a Theme
Brian Coote, edited and with a Preface by Rick Bigwood
It has many times been said that contracts involve assumptions of obligation or liability, but what that means, and what it is that is assumed, have not often been discussed. It is to further such discussion that some of the author's previously published writings around this subject have been brought together in this book. His basic premises are that contractual obligation and liability in this context are two sides to the same coin and that an assumption of one is an assumption of both. Parties are bound not because liability has been imposed upon them by law as a result of their having entered into a contract but because, in the act of assuming, they have imposed it upon themselves. Contract provides a facility the purpose of which is ...
April 2010   246pp    hbk    9781849460293    $80.00   
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Landmark Cases in the Law of Tort
Edited by Charles Mitchell and Paul Mitchell
Landmark Cases in the Law of Tort contains thirteen original essays on leading tort cases, ranging from the early nineteenth century to the present day. It is the third volume in a series of collected essays on landmark cases (the previous two volumes having dealt with restitution and contract). The cases examined raise a broad range of important issues across the law of tort, including such diverse areas as acts of state and public nuisance, as well as central questions relating to the tort of negligence. Several of the essays place cases in their historical context in ways that change our understanding of the case's significance. Sometimes the focus is on drawing out previously neglected aspects of cases which have been – undeservedly – a...
February 2010   400pp    hbk    9781849460033    $120.00   
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Mistakes in Contract Law
Catharine MacMillan
It is a matter of some difficulty for the English lawyer to predict the effect of a misapprehension upon the formation of a contract. The common law doctrine of mistake is a confused one, with contradictory theoretical underpinnings and seemingly irreconcilable cases. This book explains the common law doctrine through an examination of the historical development of the doctrine in English law. Beginning with an overview of contractual mistakes in Roman law, the book examines how theories of mistake were received at various points into English contract law from Roman and civil law sources. These transplants, made for pragmatic rather than principled reasons, combined in an uneasy manner with the pre-existing English contract law. The book al...
January 2010   346pp    hbk    9781841135076    $100.00   
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Contract Law
An Index and Digest of Published Writings
Adam Kramer
This is a new type of book. It provides an index of the most useful and important academic and other writings on contract law, whether published in articles or journal chapters, or as books. These writings, with their full citation, are gathered under familiar contract law subject-headings, and the most significant half of them are digested in a summary of a few lines each. The book aims to cover all writings published in the English language about the Common Law of contracts, and includes sections on contract theory and the history of contract law, as well as sections for the more traditional substantive topics (such as the interpretation of contracts, penalty clauses, remoteness of damage and anticipatory breach). This work should prov...
January 2010   250pp    pbk    9781841135748    $50.00   
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The Goals of Private Law
Edited by Andrew Robertson and Tang Hang Wu
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 par...
November 2009   526pp    hbk    9781841139098    $170.00   
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The Tort of Conversion
Sarah Green and John Randall QC
The legal and commercial importance of the tort of Conversion is difficult to overstate, and yet there remains a sense that the principles of the tort are elusive. Most recently, this was illustrated by the difficulties posed for the House of Lords by the Conversion issue in OBG v Allan [2007] UKHL 21, on which it was closely divided. Conversion, as we now recognise it, has a complex pedigree. Showing little regard for received taxonomies, it has elements which make lawyers think in terms of property, despite its eventful descent from actions in personam. Conversion is, therefore, something of a hybrid creature, which perhaps explains the paucity of scholarly analysis of the subject to date, property lawyers and tort lawyers each regardi...
November 2009   266pp    hbk    9781841138336    $110.00   
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Capacitas
Contract Law and the Institutional Preconditions of a Market Economy
Edited by Simon Deakin and Alain Supiot
One of the principal tasks for legal research at the beginning of the 21st century is to reconstruct the understanding of the relationship between the legal system and the market order. After almost three decades of deregulation driven by a belief in the self-equilibrating properties of the market, the financial crisis of 2008 has reminded everyone of the fundamental truth that markets have legal and institutional foundations, without which they cannot effectively function. The chapters in the present volume are the result of work by a group of legal scholars which began in the mid-2000s, at a time when the shortcomings of deregulatory policies were becoming clear in a number of contexts. The chapters address the question of how the langu...
August 2009   182pp    hbk    9781841139975    $80.00   
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Decisions of the Arbitration Panel for In Rem Restitution
Edited by Josef Aicher, Erich Kussbach and August Reinisch
The series 'Decisions of the Arbitration Panel for In Rem Restitution' documents Austria's most recent compensatory measures dealing with the consequences of the National Socialist era. For property seized during the National Socialist era and now publicly owned, the possibility of In Rem restitution, was provided for in the Washington Settlement Agreement of 17 January 2001. The Arbitration Panel for In Rem Restitution, established with the General Settlement Fund in Vienna, decides on applications for restitution which mostly concern real property. With only a few exceptions, all properties had been the subject of restitution proceedings after 1945. Since 2003, the Arbitration Panel has decided on a great number of applications, and has...
June 2009   428pp    hbk    9781849460002    $144.00   
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