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Contract, Status, and Fiduciary Law
  • Language: en
  • Pages: 353

Contract, Status, and Fiduciary Law

  • Categories: Law

Contractual and fiduciary relationships are the two primary mechanisms through which the law facilitates coordinated pursuit of our personal interests. These fields are often represented in oppositional terms, and many accept the distinction that contract law allows an individual to pursue their interests independently, while fiduciary law allows an individual to pursue their interests in a dependent or interdependent way. Relying on this distinction, however, seems to suggest that the boundaries between the fields of contract and fiduciary law are fixed rather than fluid. Bringing together leading theorists to analyse critically important philosophical questions at the intersection of contr...

Rethinking Unjust Enrichment
  • Language: en
  • Pages: 401

Rethinking Unjust Enrichment

  • Categories: Law

This inter-disciplinary volume brings together scholars from across the globe to challenge the dominant position of unjust enrichment and suggest more satisfactory alternatives. Rethinking Unjust Enrichment includes a broad range of voices from the UK, US, Australia, Canada, China, Singapore, Germany, Ireland, New Zealand, Hong Kong, and South America. The book includes voices of sceptics who think that the current unjust enrichment doctrine must be seriously qualified and others who think that it should be eliminated altogether. The contributions cast doubt on the various parameters of unjust enrichment from an analytical standpoint, representing four interrelated perspectives: history, soc...

A Liberal Theory of Property
  • Language: en
  • Pages: 343

A Liberal Theory of Property

Property law should expand opportunities for individual and collective self-determination and restrict options of interpersonal domination.

Standing in Private Law
  • Language: en
  • Pages: 369

Standing in Private Law

  • Categories: Law

This book develops the idea that standing is a distinct and separable private law concept that can and should be distinguished more clearly from the more dominant concept of a 'right.' By recognising standing's distinctiveness, debates within private law theory, including torts, unjust enrichment and trusts, are informed and contributed to.

Tort Law: Challenging Orthodoxy
  • Language: en
  • Pages: 783

Tort Law: Challenging Orthodoxy

  • Categories: Law
  • Type: Book
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  • Published: 2014-07-18
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  • Publisher: A&C Black

In this book leading scholars from the United Kingdom, the United States and Australia challenge established common law rules and suggest new approaches to both old and emerging problems in tort law. Some of the chapters consider broad issues such as the importance of flexibility over certainty in tort law, connections between tort law and human flourishing and the indirect effects of changes in tort law. Other chapters engage more specific topics including the role of vindication in tort law, the relationship between criminal law and tort law, the use of epidemiological evidence in analysing causation, accessory liability in tort law, the role of malice in intentional torts and the role of statutes in tort law. They propose new approaches to contributory negligence, emotional distress, loss of a chance, damages for nuisance, the tort of conspiracy and vicarious liability. The chapters in this book were originally presented at the Sixth Biennial Conference on the Law of Obligations at Western University in London, Ontario in July 2012. They will be highly useful to lawyers, judges and scholars across the common law world.

Contract Law
  • Language: en
  • Pages: 911

Contract Law

  • Categories: Law

Contract Law: Cases and Materials presents a selection of well-chosen cases and illuminating commentary ideal for introducing students to the study of contract law in Australia. Developed to accompany Stewart, Swain and Fairweather's Contract Law: Principles and Context, this casebook maintains the accessibility of the principles text while providing the depth and analysis of topics required to learn contract law. Following the structure of the principles text, this text explores areas not traditionally covered in other casebooks, such as resolving disputes, preparing to make a contract, preliminary agreements, and interpreting contracts. Each chapter also briefly explores contracts in international contexts. Containing well-chosen, carefully curated cases and extracts, Contract Law: Cases and Materials takes a practical approach to student learning and integrates rich pedagogy to build critical thinking and analysis skills, making it an invaluable resource for contract law students.

Philosophical Foundations of Criminal Law
  • Language: en
  • Pages: 560

Philosophical Foundations of Criminal Law

  • Categories: Law

Philosophical Foundations of Criminal Law gathers leading theorists to present original work on a range of foundational questions in criminal law theory. The volume provides an overview of current philosophical work on the criminal law, setting an agenda for further research and debate.

SHAPING THE LAW OF OBLIGATIONS
  • Language: en
  • Pages: 467

SHAPING THE LAW OF OBLIGATIONS

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Oxford Studies in Private Law Theory: Volume I
  • Language: en
  • Pages: 257

Oxford Studies in Private Law Theory: Volume I

  • Categories: Law
  • Type: Book
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  • Published: 2020
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  • Publisher: Unknown

This volume brings together essays by scholars from around the world covering issues in general private law theory as well as specific fields including the theoretical analysis of tort law, property law, and contract law.

University of Chicago Law Review: Volume 81, Number 4 - Fall 2014
  • Language: en
  • Pages: 580

University of Chicago Law Review: Volume 81, Number 4 - Fall 2014

  • Categories: Law

The University of Chicago Law Review's 4th issue of 2014 features articles and essays from recognized legal scholars, as well as extensive student research. Contents include: Articles: • The Legal Salience of Taxation, by Andrew T. Hayashi • Tax-Loss Mechanisms, by Jacob Nussim & Avraham Tabbach • Regulating Systemic Risk in Insurance, by Daniel Schwarcz & Steven L. Schwarcz • American Constitutional Exceptionalism Revisited, by Mila Versteeg & Emily Zackin Comments: • Bursting the Speech Bubble: Toward a More Fitting Perceived-Affiliation Standard, by Nicholas A. Caselli • Payments to Not Parent? Noncustodial Parents as the Recipients of Child Support, by Emma J. Cone-Roddy • ...