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The Common Law of Obligations

Divergence and Unity

Editor(s): Andrew Robertson, Michael Tilbury
Media of The Common Law of Obligations
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Published: 26-04-2018
Format: Paperback
Edition: 1st
Extent: 376
ISBN: 9781509921119
Imprint: Hart Publishing
Dimensions: 244 x 169 mm
RRP: £37.99
 

: 14 -21 days

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Loren Epson

About The Common Law of Obligations

The development of the law of obligations across the common law world has been, and continues to be, a story of unity and divergence. Its common origins continue to exert a powerful stabilising influence, carried forward by a methodology that places heavy weight on the historical foundations of legal principles. Divergence is, however, produced by numerous factors, including national and international human rights instruments, local statutory regimes, civil law influences, regional harmonisation, local circumstances and values and different political and legal cultures. The essays in this collection explore the forces that produce divergence, the countervailing forces that generate cohesion and consistency in the common law of obligations, and the influence that the major common law jurisdictions continue to exert over one another in this area of law.
The chapters in this book were originally presented at the Seventh Biennial Conference on the Law of Obligations held in Hong Kong in July 2014. A second collection, entitled Divergences in Private Law (ISBN: 9781782256601), will focus on particular departures from the common law mainstream and the causes and effects of those deviations.

Table Of Contents

1. Unity, Divergence and Convergence in the Common Law of Obligations
Andrew Robertson and Michael Tilbury
2. The Influence of Comparative Law on the English Law of Obligations
Andrew Burrows
3. Unity,Then Divergence: The Privy Council, the Common Law of England and the Common Laws of Canada,
Australia and New Zealand
Paul Finn
4. A Conscious Effort to Develop a 'Different' Common Law of Obligations: A Possible Endeavour?
Goh Yihan
5. A Common Law of Tort: Is there a European Rift in the Common Law Family?
Paula Giliker
6. A Judicial Perspective on the Development of Common Law Doctrine in the Light of Statute Law
Anthony Mason
7. Public Actors and Private Obligations: A Judicial Perspective
Sian Elias
8. The Tort Liability of Public Authorities: A Comparative Analysis
Peter Cane
9. We'll Meet Again: Convergence in the Private Law Treatment of Public Bodies
Niamh Connolly
10. How to have a Common Private Law: The Presuppositions of Legal Conversation
Allan Beever
11. The Philosophies of the Common Law and their Implications: Common Law Divergences, Public Authority Liability and the Future of a Common Law World
Dan Priel
12. Obligations, Governance and Society: Bringing the State Back In
TT Arvind
13. Divergent Evolution in the Law of Torts: Jurisdictional Isolation, Jurisprudential Divergence and Explanatory Theories
James Goudkamp and John Murphy
14. Common Law Values: The Role of Party Autonomy in Private Law
Sarah Worthington

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