The common law of obligations : divergence and unity /
"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 o...
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| Format: | Electronic Conference Proceeding eBook |
| Language: | English |
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Oxford :
Hart Publishing,
2016.
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| Online Access: |
Full text (Emmanuel users only) |
Table of Contents:
- Preface ; Contents ; List of Contributors ; TABLE OF CASES ; TABLE OF LEGISLATION ; TABLE OF INTERNATIONAL INSTRUMENTS ; 1. Unity, Divergence and Convergence in the Common Law of Obligations ; I. Unity ; II. Divergence ; III. Convergence ; IV. Theories of Unity, Divergence and Convergence ; V. Conclusion ; 2. The Influence of Comparative Law on the English Law of Obligations ; I. Introduction ; II. The 'One Common Law' and Its Demise ; III. English Supreme Court Judges as Foreign Lawyers ; IV. Influence on the English Law of Obligations of Foreign Law: A 25-Year Survey.
- 3. Unity, Then Divergence: The Privy Council, the Common Law of England and the Common Laws of Canada, Australia and New Zealand I. To the 1980s ; II. Individualised Justice, Setting Standards of Conduct and Discretion in Remedy ; III. A Moral Endeavour and a Transparent Method ; IV. Conclusion ; 4. A Conscious Effort to Develop a 'Different' Common Law of Obligations: A Possible Endeavour? ; I. Introduction ; II. A Brief History of the Singapore Legal System ; III. Growth of a Singaporean Jurisprudence and a 'Different' Common Law of Obligations ; IV. Recourse to Foreign Cases.
- v. Influence of a 'Different' Common Law of Obligations VI. Conclusion ; 5. A Common Law of Tort: Is there a European Rift in the Common Law Family? ; I. The Common Law Legal Family ; II. Divergence in the Common Law Family ; III. New Influences: Supra-national Law and Europeanisation ; IV. Is there a European Rift in the Common Law Legal Family? ; V. Conclusion ; 6. A Judicial Perspective on the Development of Common Law Doctrine in the Light of Statute Law ; I. Introduction ; II. Development of the Common Law by Analogy from Statute: England.
- III. Development of the Common Law by Analogy from Statute: Australia IV. Relevance and Complications of Judicial Resort to Policy Considerations Generally ; 7. Public Actors and Private Obligations: A Judicial Perspective ; I. The State as Litigant ; II. Public and Private Obligations ; III. Supervisory Jurisdiction ; IV. Private Law Actions ; V. Concluding Thoughts ; 8. The Tort Liability of Public Authorities: A Comparative Analysis ; I. Introduction ; II. Development of the Law ; III. Explaining the Law ; IV. Conclusion.
- 9. We'll Meet Again: Convergence in the Private Law Treatment of Public Bodies I. Introduction ; II. Sovereign Immunity and Its Decline in the Common Law World ; III. Explaining Convergence: Common Legal Values ; IV. The Onward Journey ; V. Conclusion ; 10. How to have a Common Private Law: The Presuppositions of Legal Conversation ; I. Introduction ; II. Learning as Observation, Application and Engagement ; III. The Position ; IV. Topography of Meta-Ethics ; V. Possibility of Inter-Jurisdictional Conversation ; VI. Some Implications ; VII. Conclusion.