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Comparative Reflections in Private Law: Essays in Honour of Simon Whittaker

New Arrival Comparative Reflections in Private Law: Essays in Honour of Simon Whittaker

Comparative Reflections in Private Law: Essays in Honour of Simon Whittaker

Author: Marco Cappelletti; Ciara Kennefick; Dorota Leczykievicz
Publisher: Oxford University Press
ISBN: 9780198959137
Published In: March 2026
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,690.00

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Comparative Reflections in Private Law celebrates the scholarly legacy of Professor Simon Whittaker, whose work has left a profound mark on the field of comparative law. Reflecting the breadth and depth of his influence, the volume brings together leading scholars to explore central themes in private law from a comparative perspective.

The volume is split into three distinct parts. The first part of the volume focuses on contract law, examining topics ranging from defects in the formation of a contract, interpretation, illegality, the doctrine of change of circumstances, and remedies. These chapters reflect Whittaker's commitment to doctrinal precision, analytical depth, and the value of comparative law as a means of understanding other legal traditions and re-examining one's own with a fresh perspective. The second part turns to tort law, with contributions exploring topics such as the role of violation of a right, the concept of foreseeability, the justifications for the non-recoverability of pure economic loss, and the treatment of illegality in product liability. These essays engage critically with fundamental concepts while also offering comparative insights into the functions and structure of tort law, an approach that reflects Whittaker's distinctive ability to draw deep connections between legal systems, both in their doctrinal rules and in the principles and goals that underpin them. The final part of the volume turns to private law intersections, addressing challenges that cut across traditional boundaries, such as the doctrine of the subsidiarity of unjustified enrichment and the difficulty of devising harmonized contract law in the European Union from the plurality of laws and languages of the Member States.

Taken together, the contributions included in this volume highlight the distinctive blend of intellectual rigour, curiosity, and openness to both tradition and innovation, which has so distinctively characterized Simon Whittaker's scholarship.

1:Pragmatism in French Law: The Case of Mistake

John Bell

2:A Dangerous Method: Genealogy in the Interpretation of Contracts

Michele Graziadei

3:Remedies for Defects in the Formation of a Contract: Learning by Comparing

John Cartwright

4:Performance, Reasonableness, and Proportionality: English and French Remedies Law

Solène Rowan

5:The Impact of Illegality in French Contract Law: A Reflexive Endeavour

Yves-Marie Laithier

6:Doctrines of Change of Circumstances, Covid-19, and Special Measures

Hugh Beale