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Vol 21 No 11 Nov/Dec 2016

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A Historical Introduction to the Law of Obligations

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ISBN13: 9780198764120
ISBN: 019876412X
Published: December 1999
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £56.00
Paperback edition , ISBN13 9780198764113



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The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

The English law of obligations has developed over most of the last millennium without any major discontinuity. Through this period each generation has built on the law of its predecessors, manipulating it so as to avoid its more inconvenient consequences and adapting it piecemeal to social and economic changes.

Sometimes fragments borrowed from other jurisdictions have been incorporated into the fabric of English law; from time to time ideas developed elsewhere have, at least temporarily, imposed a measure of structure on a common law otherwise messy and inherently resistant to any stable ordering. In this book David Ibbetson exposes the historical layers beneath the modern rules and principles of contract, tort, and unjust enrichment.

Small-scale changes caused by lawyers successfully exploiting procedural advantages in their clients' interest are juxtaposed alongside changes caused by friction along the boundaries of these principal legal categories; fossilized remnants of olddoctrines jostle with newer ideas in a state of half-consistent tension; loose-knit rules of equity developed in the Chancery infiltrate themselves into more tightly controlled Common law structure.