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Vol 22 No 9 Sept/Oct 2017

Book of the Month

Cover of Corruption and Misuse of Public Office

Corruption and Misuse of Public Office

Price: £225.00

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Legislation and Reform in the Law of Obligations


ISBN13: 9781849463188
To be Published: August 2018
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £70.00



This book presents a study of the ways in which legislation shapes and develops the law of obligations. Currently, the role which legislation plays in the laws of tort, contract and unjust enrichment is under-theorised, and yet it is increasingly significant in the law of obligations, both in its own right and as the focus of decisions at the highest appellate levels. The book offers a comparative account of the law in England and Wales and Australia, drawing in particular on the experiences of the Australian states under the various Civil Liability Acts of the early years of this century. There are various constitutional restrictions on the extent to which legislation may interfere with existing private law rights and obligations, and the book examines the applicable jurisprudence in the contexts of European, human rights and Australian constitutional law.

Developing a coherence-based approach, it is argued that the processes of legislation ought to involve more faithful engagement with the applicable principles than is often the case. The book addresses particular problems such as the application of limitations statutes, the scope of purportedly exclusive legislative schemes and the question of when a change in the law of obligations ought to be left to the legislature. The book argues that respect for coherence is not merely a matter of doctrinal purity, but also translates into more effective legislation.

Series: Hart Studies in Private Law

The Irreducible Core of the Trust ISBN 9781782257172
To be published August 2018
Hart Publishing
£60.00
Resulting Trusts ISBN 9781849465489
To be published August 2018
Hart Publishing
£80.00
The Duty of Care in Negligence ISBN 9781509914845
To be published February 2018
Hart Publishing
£55.00
The Law of Misstatements: 50 Years On from Hedley Byrne v Heller ISBN 9781509917679
To be published November 2017
Hart Publishing
£34.99
Money Awards in Contract Law ISBN 9781509917051
Published September 2017
Hart Publishing
£27.99
Rationalising Constructive Trusts (eBook) ISBN 9781509917075
Published September 2017
Hart Publishing
£74.99 + £15.00 VAT
(ePub)
Buy
Rationalising Constructive Trusts ISBN 9781849465960
Published September 2017
Hart Publishing
£90.00
Causation in Negligence ISBN 9781509905034
Published August 2017
Hart Publishing
£24.99
Accessory Liability ISBN 9781509914104
Published May 2017
Hart Publishing
£29.99
Equity, Trusts and Commerce (eBook) ISBN 9781509907304
Published May 2017
Hart Publishing
£70.82 + £14.17 VAT
(ePub)
Buy
Equity, Trusts and Commerce ISBN 9781509907298
Published May 2017
Hart Publishing
£85.00
Equitable Compensation and Disgorgement of Profit (eBook) ISBN 9781509901463
Published April 2017
Hart Publishing
£66.66 + £13.33 VAT
(ePub)
Buy
Equitable Compensation and Disgorgement of Profit ISBN 9781509901456
Published April 2017
Hart Publishing
£80.00
Tort Law and Human Rights 2nd ed ISBN 9781841139074
Published February 2017
Hart Publishing
£75.00
Tort Law and Human Rights 2nd ed (eBook) ISBN 9781509913176
Published February 2017
Hart Publishing
£62.49 + £12.50 VAT
(ePub)
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Private Law in the 21st Century (eBook) ISBN 9781509908592
Published January 2017
Hart Publishing
£91.66 + £18.33 VAT
(ePub)
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Private Law in the 21st Century ISBN 9781509908585
Published January 2017
Hart Publishing
£110.00
Negligence and Illegality ISBN 9781509906666
Published January 2017
Hart Publishing
£60.00
Negligence and Illegality (eBook) ISBN 9781509906673
Published January 2017
Hart Publishing
£49.99 + £10.00 VAT
(ePub)
Buy
Private Law and Power ISBN 9781509905997
Published January 2017
Hart Publishing
£75.00
Private Law and Power (eBook) ISBN 9781509906000
Published January 2017
Hart Publishing
£62.49 + £12.50 VAT
(ePub)
Buy
Enrichment at the Claimant's Expense: Attribution Rules in Unjust Enrichment ISBN 9781782258391
Published October 2016
Hart Publishing
£60.00
£49.99 + £10.00 VAT
(ePub)
Buy
£58.33 + £11.66 VAT
(ePub)
Buy
£70.00
A Theory of Tort Liability ISBN 9781509903184
Published June 2016
Hart Publishing
£55.00
A Theory of Tort Liability (eBook) ISBN 9781509903191
Published June 2016
Hart Publishing
£41.66 + £8.33 VAT
(ePub)
Buy
Tort Law Defences ISBN 9781509905027
Published April 2016
Hart Publishing
£30.00
Evidential Uncertainty in Causation in Negligence (eBook) ISBN 9781509900336
Published March 2016
Hart Publishing
£45.82 + £9.17 VAT
(ePub)
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Evidential Uncertainty in Causation in Negligence ISBN 9781849467049
Published March 2016
Hart Publishing
£55.00
Defences in Unjust Enrichment ISBN 9781849467254
Published January 2016
Hart Publishing
£80.00
Defences in Unjust Enrichment (eBook) ISBN 9781782256359
Published January 2016
Hart Publishing
£66.66 + £13.33 VAT
(ePub)
Buy
Contractual Indemnities ISBN 9781509905010
Published December 2015
Hart Publishing
£38.99
£58.33 + £11.66 VAT
(ePub)
Buy
Money Awards in Contract Law (eBook) ISBN 9781782252962
Published June 2015
Hart Publishing
£41.66 + £8.33 VAT
(ePub)
Buy
Money Awards in Contract Law ISBN 9781849464574
Published June 2015
Hart Publishing
£55.00
Accessory Liability ISBN 9781849462877
Published January 2015
Hart Publishing
£65.00
Accessory Liability (eBook) ISBN 9781849469579
Published January 2015
Hart Publishing
£24.99 + £5.00 VAT
(ePub)
Buy
Causation in Negligence (eBook) ISBN 9781782255215
Published December 2014
Hart Publishing
£20.82 + £4.17 VAT
(ePub)
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Causation in Negligence ISBN 9781849463317
Published December 2014
Hart Publishing
£60.00
Contractual Indemnities (eBook) ISBN 9781782253891
Published April 2014
Hart Publishing
£32.49 + £6.50 VAT
(ePub)
Buy
Contractual Indemnities ISBN 9781849462907
Published April 2014
Hart Publishing
£90.00
The Europeanisation of English Tort Law (eBook) ISBN 9781782253808
Published March 2014
Hart Publishing
£41.66 + £8.33 VAT
(ePub)
Buy
The Europeanisation of English Tort Law ISBN 9781849463195
Published March 2014
Hart Publishing
£50.00
Law of Private Nuisance (eBook) ISBN 9781782253402
Published September 2013
Hart Publishing
£33.32 + £6.67 VAT
(ePub)
Buy
Law of Private Nuisance ISBN 9781849465069
Published September 2013
Hart Publishing
£40.00
Iniuria and the Common Law (eBook) ISBN 9781782253389
Published August 2013
Hart Publishing
£49.99 + £10.00 VAT
(ePub)
Buy
Iniuria and the Common Law ISBN 9781849465038
Published August 2013
Hart Publishing
£60.00
Tort Law Defences (eBook) ISBN 9781782251897
Published July 2013
Hart Publishing
£24.99 + £5.00 VAT
(ePub)
Buy
Tort Law Defences ISBN 9781849462914
Published July 2013
Hart Publishing
£70.00
£54.16 + £10.83 VAT
(ePub)
Buy
Unjust Enrichment in South African Law: Rethinking Enrichment by Transfer ISBN 9781849462235
Published July 2013
Hart Publishing
£65.00
£62.49 + £12.50 VAT
(ePub)
Buy
Restitution of Overpaid Tax (eBook) ISBN 9781782251224
Published April 2013
Hart Publishing
£99.99 + £20.00 VAT
(ePub)
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Restitution of Overpaid Tax ISBN 9781849461733
Published April 2013
Hart Publishing
£120.00
Informal Carers and Private Law ISBN 9781849462815
Published December 2012
Hart Publishing
£75.00
Informal Carers and Private Law (eBook) ISBN 9781782250470
Published December 2012
Hart Publishing
£62.49 + £12.50 VAT
(ePub)
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Enrichment in the Law of Unjust Enrichment and Restitution ISBN 9781849463294
Published July 2012
Hart Publishing
£85.00
Enrichment in the Law of Unjust Enrichment and Restitution (eBook) ISBN 9781847319722
Published July 2012
Hart Publishing
£70.82 + £14.17 VAT
(ePub)
Buy
£58.33 + £11.66 VAT
(ePub)
Buy
Accounting for Profit for Breach of Contract: Theory and Practice ISBN 9781849462518
Published May 2012
Hart Publishing
£70.00
Fault Lines in Equity ISBN 9781849462198
Published May 2012
Hart Publishing
£85.00
Fault Lines in Equity (eBook) ISBN 9781847319449
Published May 2012
Hart Publishing
£70.82 + £14.17 VAT
(ePub)
Buy