Legal structures : boundary issues between legal categories
著者
書誌事項
Legal structures : boundary issues between legal categories
J. Wiley, c1996
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注記
Includes bibliographical references
内容説明・目次
内容説明
The range of human experience coming before the courts is so wide that the legal system must inevitably organize it into separate categories with their own principles of analysis. One result of this categorization is conflict over the applicable law when, for example, a case falls into more than one category or when a new fact or situation arises. This book draws together different instances from contract, tort, equity and property in which these boundary disputes most frequently arise in English law. The common theme is that when confronting a new problem on the boundary between two categories of legal principle, a proper solution will require accurate insight into both sets of principles involved.
目次
- Remapping the contract/tort boundary
- distinctions and detriment in the law of Estoppel
- equity and common law - a coherent whole?
- the boundaries of nuisance and Rylands v Fletcher after the Cambridge water case
- the changing boundary between the courts and parliament
- contracts and leases - variation of terms
- accentuating the positive
- reform of undergraduate legal education - a polemic on the relationship between academic law and legal practice
- law's boundaries and the challenge of illegality.
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