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The Common Law of Obligations: Divergence and Unity

Edited by: Andrew Robertson, Michael Tilbury

ISBN13: 9781782256564
Published: January 2016
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £100.00
Paperback edition , ISBN13 9781509921119

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The development of the law of obligations across the common law world has been, and continues to be, a story of unity and divergence. Its common origins continue to exert a powerful stabilising influence, carried forward by a methodology that places heavy weight on the historical foundations of legal principles.

Divergence is, however, produced by numerous factors, including national and international human rights instruments, local statutory regimes, civil law influences, regional harmonisation, local circumstances and values and different political and legal cultures.

The essays in this collection explore the forces that produce divergence, the countervailing forces that generate cohesion and consistency in the common law of obligations, and the influence that the major common law jurisdictions continue to exert over one another in this area of law.

The chapters in this book were originally presented at the Seventh Biennial Conference on the Law of Obligations held in Hong Kong in July 2014. A second collection, entitled Divergences in Private Law (ISBN: 9781782256601), will focus on particular departures from the common law mainstream, the causes and effects of those deviations, and the extent to which they undermine the idea of the common law as a single, transnational body of law.

Contract Law, Tort Law, Restitution
1. Unity, Divergence and Convergence in the Common Law of Obligations Andrew Robertson and Michael Tilbury
2. The Influence of Comparative Law on the English Law of Obligations Andrew Burrows
3. Unity,Then Divergence: The Privy Council, the Common Law of England and the Common Laws of Canada, Australia and New Zealand Paul Finn
4. A Conscious Effort to Develop a 'Different' Common Law of Obligations: A Possible Endeavour? Goh Yihan
5. A Common Law of Tort: Is there a European Rift in the Common Law Family? Paula Giliker
6. A Judicial Perspective on the Development of Common Law Doctrine in the Light of Statute Law Anthony Mason
7. Public Actors and Private Obligations: A Judicial Perspective Sian Elias
8. The Tort Liability of Public Authorities: A Comparative Analysis Peter Cane
9. We'll Meet Again: Convergence in the Private Law Treatment of Public Bodies Niamh Connolly
10. How to have a Common Private Law: The Presuppositions of Legal Conversation Allan Beever
11. The Philosophies of the Common Law and their Implications: Common Law Divergences, Public Authority Liability and the Future of a Common Law World Dan Priel
12. Obligations, Governance and Society: Bringing the State Back In TT Arvind
13. Divergent Evolution in the Law of Torts: Jurisdictional Isolation, Jurisprudential Divergence and Explanatory Theories James Goudkamp and John Murphy
14. Common Law Values: The Role of Party Autonomy in Private Law Sarah Worthington