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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 …
The Restatement Third: Restitution and Unjust Enrichment
The publication of the Restatement Third: Unjust Enrichment and Restitution by the American Law Institute in July 2010 was an event of major importance, not only for the …
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 …
Legislation and Reform in the Law of Obligations
This book presents a study of the ways in which legislation shapes and develops the law of obligations in the law. The book addresses particular questions such as the scope of …
Corporate Attribution in Private Law
Looking at key questions of how companies are held accountable under private law, this book presents a succinct and accessible framework for analysing and answering corporate …
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, …
The Scope and Structure of Unjust Enrichment
This ambitious book grapples with the complex debates ongoing on the structure of unjust enrichment, proving to be a major contribution to the field. Responding to the subject’s …
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 …
Data and Private Law
This collection examines one of the fastest growing fields of regulation: data rights. The book moves debates about data beyond data and privacy protecting statutes. In doing so, …
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 …
The Evolution from Strict Liability to Fault in the Law of Torts
Gradually, the law of tort has shifted away from a strict-liability approach to one where fault predominates. This book charts important case law documenting this shift. It seeks …
Unjust Enrichment in South African Law
Conventional thinking teaches that the absence of liability - in particular contractual invalidity - is itself the reason for the restitution of transfers in the South African law …