Foundations of Private Law Property, Tort, Contract, Unjust Enrichment

Author: James Gordley
Publisher: Oxford University Press
ISBN: 9780199227662
Published In: May 2007
Format: Paperback , 492 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Presents an original theory of the core fields of private law: property, tort, contract and unjust enrichment, examining the principles on which private law depends
Explores the relationships between the history of the common law and civil law, and how modern private law has emerged from historical developments

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.

Readership: Comparative law scholars; scholars in legal history; and those working on the unification of European law.

I The Enterprise
1: Basic Principles
2: Differences among Legal Systems
II Property
3: Possession and Ownership
4: The Extent of the Right to Use Property: Nuisance, Troubles de voisinage, and Immissionenrecht
5: Private Modification of the Right to use Property: Servitudes
6: Rights Annexed to the Use of Property: The Case of Water Rights
7: Loss of Resources without the Owner's Consent: Necessity and Adverse Possession
8: Acquisition of Resources without a Prior Owner's Consent: Minerals, Capture, Found Property
III Torts
9: The Structure of the Modern Civil and Common Law of Torts
10: The Defendant's Conduct: Intent, Negligence, Strict Liability
11: Liability in Tort for Harm to Reputation, Dignity, Privacy, and 'Personality'
12: Liability in Tort for Pure Economic Loss
IV Contracts
13: Promises
14: Mistake
15: Impossibility and Unexpected Circumstances
16: Promises to Make a Gift
17: Promises to Exchange
18: Liability for Breach of Contract
V Unjust Enrichment
19: The Principle against Unjustified Enrichment
20: Restitution without Enrichment?
20: Remedies in Restitution