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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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English Common Law in the Age of Mansfield

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ISBN13: 9780807855324
ISBN: 0807855324
Published: July 2004
Publisher: The University of North Carolina Press
Country of Publication: USA
Format: Paperback
Price: £34.50
Hardback edition out of print, ISBN13 9780807828694

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In the eighteenth century, the English common law courts laid the foundation that continues to support present-day Anglo-American law. Lord Mansfield, Chief Justice of the Court of King's Bench, 1756-1788, was the dominant judicial force behind these developments. In this abridgment of his two-volume book, The Mansfield Manuscripts and the Growth of English Law in the Eighteenth Century, James Oldham presents the fundamentals of the English common law during this period, with a detailed description of the operational features of the common law courts.

This work includes revised and updated versions of the historical and analytical essays that introduced the case transcriptions in the original volumes, with each chapter focusing on a different aspect of the law. While considerable scholarship has been devoted to the eighteenth-century English criminal trial, little attention has been given to the civil side. This book helps to fill that gap, providing an understanding of the principal body of substantive law with which America's founding fathers would have been familiar. It is an invaluable reference for practicing lawyers, scholars, and students of Anglo-American legal history.

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Legal History
Part. I Mansfield and the Court of Kings Bench ;
1. Lord Mansfield
2. The court of king's bench
Part. II Commerce and Contract ;
3. Contract and quasi-contract
4. Bankruptcy
5. Insurance
6. Negotiable instruments
7. Usury
8. Prize and trade
9. Intellectual property
Part. III Crime and Tort ;
10. Libel
11. Restrictions on religious observance
12. Nuisance
13. Assault, false imprisonment, and offenses against public order and welfare
14. Perjury
15. Negligence
16. Trespass and trover
Part. IV Status and Property;
17. Slavery
18. Marriage
19. Labor and employment
20. Property and wills