This collection of essays makes an important contribution to debate about the structure underlying private law and the relationships between its different branches. The contributors, including leading private law scholars from Australia, England and Canada, provide valuable insights by looking beyond the traditional categories and accepted structure of the law of obligations.
This book covers three topics. The first is concerned with classification and the law of remedies. The chapters on this topic deal with both the classification of remedies themselves and with remedial issues that cross classificatory boundaries within the law of obligations. The chapters on the second topic reconsider some of the boundaries drawn by judges and scholars within the law of obligations. The third topic deals with the relationship between obligations and property.
The chapters in this book offer illuminating new perspectives on fundamental issues in the law of obligations. Together, they provide a thought-provoking reconsideration of connections and boundaries in private law.
|Publisher:||Taylor & Francis|
|Product dimensions:||6.25(w) x 9.25(h) x 0.44(d)|
Table of Contents
List of Contributors iv
1 Connections and Boundaries in Private Law Andrew Robertson 1
2 Remedies and the Classification of Obligations Michael Tilbury 11
3 The Meaning of 'Damages': Common Law and Equity James Edelman 31
4 Rescission, Restitution and Contractual Ordering: The Role of Plaintiff Election Michael Bryan 59
5 'Unjust Enrichment': The Same Old Mistake? Steve Hedley 75
6 On the Distinction between Contract and Tort Andrew Robertson 87
7 The 'Other' Category in the Classification of Obligations Joachim Dietrich 111
8 Integrating Property and Obligations Robert Chambers 127
9 Owning Secrets: 'Property' in Confidential Information? Megan Richardson 145
10 Contract Rights as Property Rights Ralph Cunnington 169