Administrative / Constitutional Law

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

By James Gordley
Oxford University Press February 2005

Specifications

ISBN-13
9780199291670
Publisher
Oxford University Press
Publication
February 2005
Format
Hardback , 492 pages
Jurisdiction
U.K. ? Countri(es) for reference only

Details

  • Comprehensive treatment of all the basic fields of private law: property, tort, contract and unjust enrichment allowing these fields to be seen as parts of a unified subject
  • Shows how the history of the common law and civil law are related and how modern law depends on developments in the past
  • Brings insights from a background in philosophy to the analysis

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.

Table of Contents

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



 


 



About the Author

James Gordley, Shannon Cecil Turner Professor of Jurisprudence, School of Law, University of California at Berkeley


 


 



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