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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Foundations of Private Law: Property, Tort, Contract, Unjust Enrichment

ISBN13: 9780199227662
Published: May 2007
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: £33.99

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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.

  • Presents an original theory of the core fields of private law: property, tort, contract and unjust enrichment, examining the principles on which private law depends
  • Explores the relationships between the history of the common law and civil law, and how modern private law has emerged from historical developments

Legal History, Jurisprudence
1. Basic Principles
2. Differences among Legal Systems

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

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

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

19. The Principle against Unjustified Enrichment
20. Restitution without Enrichment?
20. Remedies in Restitution