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An Introduction to the Comparative Study of Private Law : Readings, Cases, Materials - James Gordley

An Introduction to the Comparative Study of Private Law

Readings, Cases, Materials

Paperback Published: 24th September 2009
ISBN: 9780521118576
Number Of Pages: 640

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This collection of readings sets out the two fundamental distinctions between common and civil law, namely that the former originated in the English courts, the latter in the Roman legal tradition, and that the common law is based on judicial decisions whereas codes form the basis of modern civil law. The core of the book consists of cases, statutes and code provisions shaping the doctrines central to the law of property, tort, contract and unjust enrichment in the United States, England, France and Germany. These materials provide a road map of the law of each, allowing the reader to consider how doctrines differ, how these differences emerged and whether the underlying problems and solutions are common to all. They also allow for comparison to be made between the approaches of common and civil law and to consider the extent to which they depend on the origin and nature of the law.

Industry Reviews

Review of the hardback: '... this is a stimulating ... resource.' European Tort Law
'The book is doubtless a very valuable tool for teaching comparative law ... it is obvious that great care has been taken in the selection of the cases and materials that are included in the book ... It gives the reader a fascinating insight into the origins of the common law and civil law, and has the capacity to inspire the reader to develop a life-long appreciation for, and interest in, comparative law ... this is the type of book that, in a ideal world, every single law student should be exposed to.' Commonwealth Law Bulletin

Introductory Readings:
History: English law and Roman law
Codification
Institutions - Comparative Private Law: Property, Torts, Contracts, Unjust Enrichment
Property Law:
Possession
Ownership
The Doctrine of Necessity
Tort Law:
The Scope of the Rights Protected
Conduct for Which One is Liable
Contract Law:
The Structure of Contract Law
Voluntary Commitment
Fairness
Excuse for Non-Performance
Remedies
Unjust Enrichment:
The Principle
Unjust Enrichment When the Plaintiff Did Not Lose
Unjust Enrichment When it is Doubtful What the Defendant Gained
Table of Contents provided by Publisher. All Rights Reserved.

ISBN: 9780521118576
ISBN-10: 0521118573
Audience: Professional
Format: Paperback
Language: English
Number Of Pages: 640
Published: 24th September 2009
Publisher: Cambridge University Press
Country of Publication: GB
Dimensions (cm): 24.4 x 17.0  x 3.3
Weight (kg): 1.0

Earn 154 Qantas Points
on this Book