Foundations of Private Law
Property, Tort, Contract, Unjust Enrichment
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Product details:
- Publisher OUP Oxford
- Date of Publication 5 January 2006
- ISBN 9780199291670
- Binding Hardback
- No. of pages496 pages
- Size 242x164x31 mm
- Weight 896 g
- Language English 0
Categories
Short description:
Foundations of Private Law is a treatise on the Western law of property, contract, tort and unjust enrichment in both common law and civil law systems. It describes the doctrines that govern these fields of law and identifies principles that can explain both the similarities and differences between them.
MoreLong description:
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.
MoreTable of Contents:
I The Enterprise
Basic Principles
Differences among Legal Systems
II Property
Possession and Ownership
The Extent of the Right to Use Property: Nuisance, Troubles de voisinage, and Immissionenrecht
Private Modification of the Right to use Property: Servitudes
Rights Annexed to the Use of Property: The Case of Water Rights
Loss of Resources without the Owner's Consent: Necessity and Adverse Possession
Acquisition of Resources without a Prior Owner's Consent: Minerals, Capture, Found Property
III Torts
The Structure of the Modern Civil and Common Law of Torts
The Defendant's Conduct: Intent, Negligence, Strict Liability
Liability in Tort for Harm to Reputation, Dignity, Privacy, and 'Personality'
Liability in Tort for Pure Economic Loss
IV Contracts
Promises
Mistake
Impossibility and Unexpected Circumstances
Promises to Make a Gift
Promises to Exchange
Liability for Breach of Contract
V Unjust Enrichment
The Principle against Unjustified Enrichment
Restitution without Enrichment?
Remedies in Restitution
