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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, …
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 …
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 …
Tort Law and Human Rights
This is a completely revised and expanded second edition, building on the first edition with two principal aims: to elucidate the role that domestic tort principles play in …
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 …
A Theory of Tort Liability
This book provides a comprehensive theory of the rights upon which tort law is based and the liability that flows from violating those rights. Inspired by the account of private …
Consequences of Impaired Consent Transfers
Legal rules and principles do not exist in isolation, but form part of a system. In this structural comparison between English and German law, Birke Häcker explores the rules and …