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Vol 21 No 11 Nov/Dec 2016

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Law of Obligations

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ISBN13: 9781844720132
ISBN: 1844720136
Published: June 2004
Publisher: Routledge-Cavendish
Country of Publication: UK
Format: Hardback
Price: Out of print
Paperback edition , ISBN13 9781844720125



This collection of essays makes an important contribution to debate about the structure underlying private law and the relationships between its different branches. The contributors, including leading private law scholars from Australia, England and Canada, provide valuable insights by looking beyond the traditional categories and accepted structure of the law of obligations. This book covers three topics, and is organised accordingly. The first section is concerned with classification and the law of remedies. The chapters in this section deal with both the classification of remedies themselves and with remedial issues that cross classificatory boundaries within the law of obligations. The chapters in the second group reconsider some of the boundaries drawn by judges and scholars within the law of obligations. The third group deals with the relationship between obligations and property. The essays in this collection offer illuminating new perspectives on fundamental issues in the law of obligations. Together, they provide a thought-provoking reconsideration of connections and boundaries in private law.

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Contents:
Connections and Boundaries in Private Law
Remedies and the Classification of Obligations
The Meaning of Damages: Common Law and Equity
Rescission, Restitution and Contractual Ordering: The Role of Plaintiff Election
Unjust Enrichment: The Same Old Mistake
On the Distinction Between Contract and Tort
The 'Other' Category in the Classification of Obligations
Integrating Property and Obligations
Owning Secrets: Property in Confidential Information
Contract Rights as Property Rights.