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Borderlines in Private Law

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The Common Law of Obligations 3rd ed

John CookePrincipal Lecturer in Law, Liverpool John Moores University, D.W. OughtonDe Montfort University, Leicester

ISBN13: 9780406904140
ISBN: 0406904146
Published: March 2001
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: £69.99



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

This important student text deals with all aspects of common law obligations, including the principles of the law of obligations, remedies, negation of liability and specific obligations. The books draws out the common themes that exist between traditional tort and contract courses whilst elements pertaining to the law of restitution are also included.

This new edition takes account of statutory developments and new relevant case law since the previous edition and keeps the reader up to date with major changes in the areas of economic loss in negligence and undue influence/economic duress.

Subjects:
Contract Law
Contents:
PART I
General principles

SECTION A
The common law in context
1. Historical background to the common law
2. The intellectual background to the classical contract theory
3. Classical law of contract
4. Changing values

SECTION B
Principles of the law of obligations
5. The strands of the common law of obligations
6. Promissory liability in exchange relationships
7. The ascription of responsibility in exchange relationships
8. Compensation for wrongful harm - general principles
9. Compensation for wrongful harm - physical damage
10. Damage to economic interests
11. Non-exchange relationships and benefits received
12. Standard of liability

SECTION C
Remedies
13. Withholding contractual performance
14. Compelling performance
15. Non-compensatory damages
16. Compensatory damages I - factors limiting an award
17. Compensatory damages II - quantum of damages
18. Restitutionary remedies
19. Limitation of actions

SECTION D
Negation of liability
20. Fault of the plaintiff
21. Illegality and public policy
22. Negation of liability by consent
23. Risk-allocation
24. Unconscionability

PART II
Specific obligations
25. Liability for defective products
26. Defective services
27. Employers' liability
28. Liability arising out of land ownership and occupation I - premises
29. Liability arising out of land ownership and occupation II - disputes between neighbours
Index