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Divergences in Private Law

Divergences in Private Law

Originally presented at the Seventh Biennial Conference on the Law of Obligations held in Hong Kong in July 2014 -- ECIP galley.

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Quick Reference

ISBN 9781782256601
Barcode 9781782256601
Published 28 January 2016 by Bloomsbury Publishing PLC
Format Hardback
Author(s) Edited by Robertson, Andrew
Edited by Tilbury, Michael
Availability Title is temporarily out of stock

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Full details for this title

ISBN-13 9781782256601
ISBN-10 1782256601
Stock Available
Status Title is temporarily out of stock
Publisher Bloomsbury Publishing PLC
Imprint Hart Publishing
Publication Date 28 January 2016
Publication Country United Kingdom United Kingdom
Format Hardback
Author(s) Edited by Robertson, Andrew
Edited by Tilbury, Michael
Category Comparative Law
Contract Law
Torts / Delicts
Equity & Trusts
Number of Pages 392
Dimensions Width: 169mm
Height: 244mm
Spine: 25mm
Weight 867g
Interest Age General Audience
Reading Age General Audience
Library of Congress Obligations (Law), Common law, Civil law
NBS Text Law: General & Reference
ONIX Text Professional and scholarly
Dewey Code 346.02
Catalogue Code Not specified

Description of this Book

This book is a study of doctrinal and methodological divergence in the common law of obligations. It explores particular departures from the common law mainstream, the causes and effects of those departures, and the extent to which they undermine the idea of the common law as a single, transnational body of law. Some divergences can be justified on the basis of a need to adapt the common law of contract, torts, equity and restitution to local circumstances, or to bring them into conformity with local values. More commonly, however, doctrinal or methodological divergence simply reflects different approaches to common problems, or different views as to what justice or policy requires in particular circumstances. In some instances divergent methodologies lead to substantially the same results, while in others particular causes of action, defences, immunities or remedies recognised in one jurisdiction but not another undoubtedly produce different outcomes. Such cases raise interesting questions as to whether ultimate appellate courts should be slow to abandon principles that remain well accepted throughout the common law world, or cautious about taking a uniquely divergent path. The chapters in this book were originally presented at the Seventh Biennial Conference on the Law of Obligations held in Hong Kong in July 2014. A separate collection, entitled The Common Law of Obligations: Divergence and Unity (ISBN: 9781782256564), is also being published.

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Awards, Reviews & Star Ratings

NZ Review Overall, the volume is of the same high quality of its predecessors in the Obligation series. -- NICHOLAS J. MCBRIDE The Cambridge Law Journal
UK Review Bertrams Star Rating: 1 stars (out of 5)

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Author's Bio

Andrew Robertson is Professor of Law and Director of Studies for Private Law at Melbourne Law School in the University of Melbourne. Michael Tilbury is a Professorial Fellow at Melbourne Law School, formerly Kerry Holdings Professor in Private Law at the Faculty of Law in the University of Hong Kong.

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