Dimensions of Private Law: Categories and Concepts in Anglo-American Legal ReasoningAnglo-American private law (the law governing mutual rights and obligations of individuals) has been a far more complex phenomenon than is usually recognized. Attempts to reduce it to a single explanatory principle, or to a precisely classified or categorized map, scheme, or diagram, are likely to distort the past by omitting or marginalizing material inconsistent with proposed principles or schemes. Many legal issues cannot be allocated exclusively to one category. Often several concepts have worked concurrently and cumulatively, so that competing explanations and categories are not so much alternatives, of which only one can be correct, as different dimensions of a complex phenomenon, of which several may be simultaneously valid and necessary. This 2003 study will be of importance to those interested in property, tort, contract, unjust enrichment, legal reasoning, legal method, the history of the common law, and the relation between legal theory and legal history. |
Contents
Introduction the mapping of legal concepts | 1 |
Johanna Wagner and the rival opera houses | 23 |
Liability for economic harms | 40 |
Reliance | 57 |
Liability for physical harms | 80 |
Profits derived from wrongs | 107 |
Domestic obligations | 127 |
Other editions - View all
Dimensions of Private Law: Categories and Concepts in Anglo-American Legal ... Stephen Waddams No preview available - 2003 |
Dimensions of Private Law: Categories and Concepts in Anglo-American Legal ... S. M. Waddams No preview available - 2003 |
Dimensions of Private Law: Categories and Concepts in Anglo-American Legal ... Stephen Waddams No preview available - 2003 |
Common terms and phrases
action Anglo-American law argument Beatson benefit Birks breach of contract Cambridge chapter claim common law compensation constructive trust contract law Court of Canada damages decision defendant defendant's DLR 4th economic effect employee enforceable English law English Private Law equity estoppel exclusively facts favour fiduciary Goff held House of Lords Ibid imposed injunction injury Johanna Wagner Jones judges judicial jurisdictions justice Law Journal Law of Contract Law of Obligations Law of Restitution Law of Torts Law Oxford Law Quarterly Review Law Review legal concepts Legal Studies loss Lumley Lumley's negligence owner P. S. Atiyah person plaintiff Pollock principle private law profits derived promise property rights proprietary interest Proprietary Remedies public interest public policy question reason reliance Restitution London Restitution Oxford rule specific performance statute strict liability Supreme Court Toronto unjust enrichment vicarious liability Waddams wrong wrongdoing