The common law of obligations : divergence and unity
Author(s)
Bibliographic Information
The common law of obligations : divergence and unity
Hart, 2018, c2016
- : pbk
Available at 3 libraries
  Aomori
  Iwate
  Miyagi
  Akita
  Yamagata
  Fukushima
  Ibaraki
  Tochigi
  Gunma
  Saitama
  Chiba
  Tokyo
  Kanagawa
  Niigata
  Toyama
  Ishikawa
  Fukui
  Yamanashi
  Nagano
  Gifu
  Shizuoka
  Aichi
  Mie
  Shiga
  Kyoto
  Osaka
  Hyogo
  Nara
  Wakayama
  Tottori
  Shimane
  Okayama
  Hiroshima
  Yamaguchi
  Tokushima
  Kagawa
  Ehime
  Kochi
  Fukuoka
  Saga
  Nagasaki
  Kumamoto
  Oita
  Miyazaki
  Kagoshima
  Okinawa
  Korea
  China
  Thailand
  United Kingdom
  Germany
  Switzerland
  France
  Belgium
  Netherlands
  Sweden
  Norway
  United States of America
Note
Originally published: 2016
Includes bibliographical references and index
Description and Table of Contents
Description
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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