Contract,Tort & Restitution
Unjust Enrichment and Public Law - A Comparative Study of England, France and the EUThe central aim of this book is to examine claims involving unjust enrichment and public bodies in France, England and the EU. The work begins by exploring the law as it now stands...
Unjust Enrichment and Contract examines the role of unjust enrichment in the contractual context, defined as contracts which are (a) terminated for breach, or (b) subsisting, or (c) unenforceable. The book makes three claims in relation to the orthodox common law account of...
Unfair Contract Terms in European Law - A Study in Comparative and EC LawThe book examines Directive 93/13 on Unfair Terms in Consumer Contracts and its implementation with a twofold aim: first, to understand the extent to which the Directive has influenced and wi...
Understanding Unjust Enrichment is a collection of articles based on Understanding Unjust Enrichment,a symposium held at the University of Western Ontario in January 2003. The articles, written from the perspective of English, Australian, Canadian, German and Jewish law,...
Understanding the Law of Obligations - Essays on Contract, Tort and RestitutionFrom the Reviews of the hardback edition: This is a fascinating and thought-provoking collection of eight essays..... Taken together they represent a coherent and compelling expos...
Uncertain Causation in Medical Liability'Proving' the cause of the plaintiff's injury in personal injury litigation often entails significant challenges, particularly when science cannot identify the cause of a biological phenomenon or when the nature ...
Transferred Loss. Claiming Third Party Loss in Contract LawSometimes a breach of contract causes loss to a third party. This book takes a comparative approach to the question when the third party can recover that loss directly,and when the promisee can recover it....
Tort Liability for Human Rights AbusesAdvancing a bold theory of the relevance of tort law in the fight against human rights abuses, celebrated US law professor George Fletcher here challenges the community of international lawyers to think again about how they ca...
Tort Law and Human Rights - Second Edition is a completely revised and expanded second edition, building on the first edition with two principal aims: first, to elucidate the role that domestic tort principles (including the new "remedy" under the Human Rights Act...
Tort Law and Human Rights. The Impact of the ECHR on English LawCommon law principles need to be re-evaluated in the light of the Human Rights Act for two reasons. First,to ascertain whether those principles comply with Convention standards as laid down in the ECH...
Tort Law. Ius Commune Casebooks for the Common Law of Europe is the complete version of the Casebook on Tort Law,part of which was already published in 1998 under the title Tort Law: Scope of Protection. Additional subjects covered in this book include the tort/contract ...
Third Party Liability in TortNon-vicarious liability for the acts of third parties is distinguishable from the traditional doctrine of vicarious liability insofar as it relates to a form of primary liability predicated upon the personal fault of the defendant. Mor...
The United Nations Convention on Contracts for the International Sale of Goods20 years after its entry into force on 1 January 1988 the United Nations Convention on Contracts for the International Sale of Goods (the CISG) has become the "world sales law"...
The Uniform Interpretation of the Brussels and Lugano Conventions is a comparative examination of the uniform application of the Brussels and Lugano Conventions by courts in the UK,France, Germany, and various other European countries. It analyses evidence of inconsistent o...
The Tortious Liability of Statutory BodiesIn a number of important decisions such as Stovin v. Wise,X v. Bedfordshire, Barrett v. Enfield London Borough Council and others, English courts have been forced to grapple with the important issue of tortious liability o...
The Tort of ConversionThe 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...
The Nature and Scope of RestitutionIn recent years there has been enormous interest in the law of restitution,with many new books and academic articles and a number of important decisions in the courts. However, there remains great controversy and some confusion, ...
The Law of Medical Negligence in England and Germany. A Comparative Analysis adds to the theoretical understanding and discussion of possible solutions to various conceptual and practical problems that arise within the field of medical negligence - an area whose legal treat...
The Law Applicable to Non-Contractual Obligations in Europe - A Guide to the Rome II RegulationOn 11 January 2009, Regulation (EC) No 864/2007 on the law applicable to non-contractual obligations (Rome II) became applicable in twenty six EU Member States. The Rome...
The Harmonisation of European Contract Law - Implications for European Private Laws, Business and Legal PracticeAfter an extended period in which the European Community has merely nibbled at the edges of national contract law, the bite of a 'European contract ...
The Goals of Private LawThis 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 opp...
The German Law of Torts. A Comparative Treatise Since its first appearance in 1986 this book has won uniform praise from many of the world’s leading comparatists,has been acclaimed by senior judges and has been cited by the courts of many countries. This new...
The Foundations of Restitution for Wrongs is the judicial award which compels the wrongdoer to give up to the victim the benefit obtained through the perpetration of the wrong, independently of any loss suffered by the victim....
The European Law of Commercial Agency is the third edition of the leading work on European commercial agency, by two practising lawyers who have been involved in many of the leading cases since the adoption of the European Directive on self-employed commercial agents. Si...
The Defence of Passing OnThe identity and existence of a loss-based defence in the law of unjust enrichment is disputed. Widely known as 'passing on', but better identified as 'disimpoverishment', this defence has generated confusion and disagreeme...
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