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The Impact of Equity and Restitution in Commerce
Commercial relationships give rise to diverse forms of legal obligation in private law, including contract, tort, agency, company law and partnership. More controversially, equity …
Accessory Liability
Accessory liability in the private law is of great importance. Claimants often bring claims against third parties who participate in wrongs. For example, the ‘direct wrongdoer’ may …
Vicarious Liability
The scope of vicarious liability has significantly expanded since its original conception. Today employers are being found liable for actions of employees that they did not …
Reconceptualising Strict Liability for the Tort of Another
This book adopts a novel approach to resolving the present difficulties experienced by the courts in imposing strict liability for the tort of another. It looks beyond the …
The Duty of Care in Negligence
This book aims to provide a detailed analysis and overview of the duty of care enquiry, drawing on both academic analyses and judicial experience in leading common law systems. A …
Evidential Uncertainty in Causation in Negligence
This book undertakes an analysis of academic and judicial responses to the problem of evidential uncertainty in causation in negligence. It seeks to bring clarity to what has …
A Unified Approach to Contract Interpretation
Interpretation or construction is central to the operation of contract law. Despite the fundamental role it plays, there have been limited attempts to explain construction in …
Money Awards in Contract Law
The quantification of contractual money awards is a topic of both significant theoretical interest and immense practical importance. Recent debates have ranged from the …
Negligence and Illegality
This book examines claims in negligence arising from illegal conduct of the claimant. An array of public policy and other grounds have been advanced for resolving these claims, …
Unexpected Consequences of Compensation Law
This book explores the performance of compensation law in addressing the needs of the injured. Compensation procedure can be dangerous to your health and may fail to compensate …
Private Law and Power
The aim of this edited collection of essays is to examine the relationship between private law and power – both the public power of the state and the ‘private’ power of …
Contractual Indemnities
Promises of indemnity are found in many kinds of commercial contracts, not just contracts of insurance. This book examines the nature and effect of contractual indemnities outside …