Foundations of private law : property, tort, contract, unjust enrichment
Author(s)
Bibliographic Information
Foundations of private law : property, tort, contract, unjust enrichment
Oxford University Press, 2006
- : pbk
Available at / 27 libraries
-
No Libraries matched.
- Remove all filters.
Note
Includes bibliographical references and index
Description and Table of Contents
- Volume
-
: pbk ISBN 9780199227662
Description
Foundations of Private Law is a treatise on the Western law of property, contract, tort and unjust enrichment in both common law systems and civil law systems. The thesis of the book is that underlying these fields of law are common principles, and that these principles can be used to explain the history and development of these areas. These underlying common principles are matters of common sense, which were given their archetypal expression by older
jurists who wrote in the Aristotelian tradition. These principles shaped the development of Western law but can resolve legal problems which these older writers did not confront.
Table of Contents
- I THE ENTERPRISE
- 1. Basic Principles
- 2. Differences among Legal Systems
- II PROPERTY
- 3. Possession and Ownership
- 4. The Extent of the Right to Use Property: Nuisance, Troubles de voisinage, and Immissionenrecht
- 5. Private Modification of the Right to use Property: Servitudes
- 6. Rights Annexed to the Use of Property: The Case of Water Rights
- 7. Loss of Resources without the Owner's Consent: Necessity and Adverse Possession
- 8. Acquisition of Resources without a Prior Owner's Consent: Minerals, Capture, Found Property
- III TORTS
- 9. The Structure of the Modern Civil and Common Law of Torts
- 10. The Defendant's Conduct: Intent, Negligence, Strict Liability
- 11. Liability in Tort for Harm to Reputation, Dignity, Privacy, and 'Personality'
- 12. Liability in Tort for Pure Economic Loss
- IV CONTRACTS
- 13. Promises
- 14. Mistake
- 15. Impossibility and Unexpected Circumstances
- 16. Promises to Make a Gift
- 17. Promises to Exchange
- 18. Liability for Breach of Contract
- V UNJUST ENRICHMENT
- 19. The Principle against Unjustified Enrichment
- 20. Restitution without Enrichment?
- 20. Remedies in Restitution
- Volume
-
ISBN 9780199291670
Description
Foundations of Private Law is a treatise on the Western law of property, contract, tort and unjust enrichment in both common law systems and civil law systems. The thesis of the book is that underlying these fields of law are common principles, and that these principles can be used to explain the history and development of these areas. These underlying common principles are matters of common sense, which were given their archetypal expression by older jurists who
wrote in the Aristotelian tradition. These principles shaped the development of Western law but can resolve legal problems which these older writers did not confront.
Table of Contents
- I THE ENTERPRISE
- II PROPERTY
- III TORTS
- IV CONTRACTS
- V UNJUST ENRICHMENT
by "Nielsen BookData"
