Legal Structures: Boundary Issues Between Legal Categories

Front Cover
R. A. Buckley
Wiley, Feb 28, 1996 - Law - 252 pages
  • Can long-established legal categories adjust to meet new fact situations?
  • Must the case which does not fit neatly into such a category fail?
  • Has the parallel development of common law and equity led to a fundamental lack of coherence in English law?
The range of human experience coming before the courts is so wide that the legal system must inevitably organise it into separate categories with their own principles of analysis. One result of this categorisation is conflict over the applicable law when, for example, a case falls into more than one category or when a new fact situation arises. This book questions the adequacy of the law?s response to issues which transcend and challenge its traditional categories and their boundaries. It draws together different instances from contract, tort, equity and property in which these boundary disputes commonly arise in English law. The common theme is that when confronting a new problem on the boundary between two categories of legal principle, a proper solution will require accurate insight and investigation into both sets of principle involved.

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Contents

Distinctions and Detriment in the Law of Estoppel
25
Equity and Common Law A Coherent Whole?
47
The Boundaries of Nuisance and Rylands v Fletcher after the
71
Copyright

5 other sections not shown

Common terms and phrases

accused apply argument arise Blackburn breach Cambridge Water cause of action character evidence civil claim co-accused common law contempt of court contract and tort convictions course Court of Appeal Crim criminal cross examination damage debate decision defendant detriment discretion distinction effect equity escape estopped example existing fact Fletcher Goff's Hansard H.C. Vol High Court House of Lords Ibid illegality injunction intention involved issue judge judgment Judicature Act judicial review jury land landlord law of estoppel LCACLEC lease legal academics legal education liability Lonrho Lord Browne-Wilkinson Lord Denning Lord Goff Lord Macmillan matter negligence non-natural nuisance offence Ormrod parties personal injuries plaintiff practice practitioners principle proceedings in parliament professional bodies promissory estoppel proprietary estoppel question recognised referred relevant reliance Report respect rule in Rylands select committees skills Speaker sub judice rule Supra surrender tenant tion tort tortious trial

About the author (1996)

Richard Buckley is Professor of Law at the University of Reading. The contributors are also all based in the Department of Law at the University of Reading.

Bibliographic information

TitleLegal Structures: Boundary Issues Between Legal Categories
EditorR. A. Buckley
Editionillustrated
PublisherWiley, 1996
ISBN0471966312, 9780471966319
Length252 pages
Subjects › 

Law / Bankruptcy & Insolvency
Law / Business & Financial
  
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