Distributed in the U.S. by Northwestern University Press,
1998.
1 online resource (xxiv, 223 pages)
Includes bibliographical references and index.
Half Title Page; Title Page; Title verso; Contents; Foreword; Table of Cases; Table of Statutes and Supra-National Legislation; 1. Dividing the Law of Obligations; 1. INTRODUCTION; 2. CONTRACT; 3. TORT; 4. RESTITUTION; 5. THE DIVISION BETWEEN CONTRACT AND TORT; 6. EQUITABLE WRONGS; 2. Solving the Problem of Concurrent Liability; 1. INTRODUCTION; 2. ADVANTAGES; 3. CENTRAL THESIS; 4. SHOULD A PLAINTIFF BE ABLE TO ESCAPE FROM A BAD BARGAIN BY SUING THE DEFENDANT IN RESTITUTION FOR A FAILURE OF CONSIDERATION RATHER THAN SUING THE DEFENDANT FOR BREACH OF CONTRACT?
2. THE STRUCTURE OF THE ENGLISH LAW ON JUDICIAL REMEDIES FOR BREACH OF CONTRACT3. EXEMPLARY, RESTITUTIONARY, AND MENTAL DISTRESS DAMAGES FOR BREACH OF CONTRACT; 4. CONTRIBUTORY NEGLIGENCE AS A DEFENCE TO BREACH OF CONTRACT; 5. INTEREST ON LATE PAYMENT OF CONTRACTUAL DEBTS; 6. DAMAGES IN CONTRACTS FOR THE BENEFIT OF THIRD PARTIES; 7. PENALTY CLAUSES; 8. LIMITATION PERIODS; 9. REMOTENESS; 10. CONCLUSION; 8. Improving Contract and Tort: The View from the Law Commission; 1. INTRODUCTION; 2. RECENTLY COMPLETED PROJECTS; 3. ON-GOING PROJECTS; 4. SOME POSSIBLE FUTURE PROJECTS; 5. CONCLUSION; Index.
5. SHOULD A PLAINTIFF BE ABLE TO SUE THE DEFENDANT FOR THE TORT OF NEGLIGENCE RATHER THAN SUING THE DEFENDANT FOR BREACH OF CONTRACT?6. CONCLUSION; POSTSCRIPT; 3. Understanding the Law of Restitution: A Map Through the Thicket; 1. INTRODUCTION; 2. WHAT IS THE LAW OF RESTITUTION ABOUT?; 3. THE RECOGNITION OF THE PRINCIPLE AGAINST UNJUST ENRICHMENT; 4. A QUARTET OF LEADING ANGLO-AUSTRALIAN CASES; 5. RESTITUTIONARY REMEDIES; 6. THE CONCEPTUAL STRUCTURE OR MAP OF RESTITUTION; 7. MORE DIFFICULT TERRAIN; 8. CONCLUSION; 4. Free Acceptance and the Law of Restitution.
I. THE ATTACK AS A MATTER OF PRINCIPLE2. THE ATTACK THROUGH THE AUTHORITIES; 3. INCIDENTAL ADVANTAGE OF REMOVING FREE ACCEPTANCE; 4. A SECONDARY LINE OF ATTACK; CONCLUSION; 5. Restitution: Where do We Go From Here?; 1. WHERE HAVE WE GOT TO?; 2. HOW HAVE WE GOT HERE?; 3. WHERE DO WE GO FROM HERE?; 6. In Defence of Tort; 1. INTRODUCTION; 2. THE CENTRAL ATTACK ON TORT; 3. THE CENTRAL DEFENCE; 4. THE SCOPE OF THE TORT ATTACK: WHERE DOES IT STOP?; 5. WHAT SHOULD BE THE WAY FORWARD?; 6. CONCLUSION; 7. Legislative Reform of Remedies for Breach of Contract; 1. INTRODUCTION.
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NEW in paperback From 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 exposition of the English law of obligations ... One is left with the picture of an [author] ... who remains a devotee of ""practical scholarship"" and the deductive technique of the common law and has a grasp on its intricacies second to non."" Edwin Peel, The Law Quarterly Review, 1999 ""[These essays], all concerned with various aspects of contract, tort and unjust enrichment, are a pleasure to peruse.