Understanding the Law of Obligations: Essays on Contract,Tort and Restitution

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Hart Publishing, Jun 19, 1998 - Law - 223 pages

Through these studies of contract,tort and restitution, Andrew Burrows provides a stimulating guide to the present shape and likely future development of the law of obligations.
Having argued that one should distinguish contract, tort and restitution, while recognising concurrent liability between them, Burrows goes on to map out the law of restitution and to analyse the future direction of that newly-recognised subject. Tort is then defended against those who would seek to abolish much of it. Looking through the eyes of the Law Commissioner charged with responsibility for recommending improvements to the law of obligations, the collection of essays is rounded off with a view of the main reforms needed in this central area of civil justice.

 

Contents

1 Dividing the Law of Obligations
1
2 Solving the Problem of Concurrent Liability
16
A Map Through the Thicket
45
4 Free Acceptance and the Law of Restitution
72
Where do We Go From Here?
99
6 In Defence of Tort
120
7 Legislative Reform of Remedies for Breach of Contract
135
The View from the Law Commission
164
Index
219
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