A History of Private Law in Scotland: Volume 2: Obligations

Front Cover
Kenneth Reid, Reinhard Zimmermann (jurist)
OUP Oxford, Dec 21, 2000 - Law - 826 pages
0 Reviews
Scotland has a special claim for the attention of comparative lawyers, of legal historians, and of those who seek to identify a common core in European private law or to develop a new jus commune. For Scotland stands at the intersection of the two great traditions of European law—of the law of Rome, received and developed in Continental Europe, and of the law which originated in England but was exported throughout the British Empire. In Scotland, uniquely in Europe, there is to be found a fusion of the civil law and the common law. Law in Scotland has a long history, uninterrupted either by revolution or by codification. It is rich in source material, both printed and archival. Yet hitherto the history of legal doctrine has been relatively neglected. This work is the first detailed and systematic study in the field of private law. Its method is to take key topics from the law of obligations and the law of property and to trace their development from earliest times to the present day. A fascinating picture emerges. The reception of civil law was slow but profound, beginning in the medieval period and continuing until the eighteenth century. Canon law was also influential. This was flanked by two receptions from England, of Anglo-Norman feudalism in the twelfth century and beyond, and, more enduringly, of aspects of English common law in the nineteenth and twentieth centuries. In addition there was much that was home-grown. Over time this disparate mixture was transformed by legal science into a coherent whole.
 

What people are saying - Write a review

We haven't found any reviews in the usual places.

Contents

Table of Contents vii
xxiii
Table of Cases
xxxiii
Formation of Contract
1
THE CLASSIFICATION OF CONTRACTS
8
AND WE DO ALWAYS PREFER THE SENSE
18
OFFER
33
CONCLUSION
44
Interpretation
47
Insurance
333
ENGLISH LAW
339
THE AGE OF MATURITY?
350
A CENTURY OF SCOTS
356
Vn PAST PRESENT AND FUTURE
365
Unjustified Enrichment
369
CLASSIFICATION AND DEVELOPMENT
372
THREE STUDIES OF RECEPTION
396

EARLY NINETEENTHCENTURY WRITERS
56
SUMMARY OF POSITION AT MIDDLE
65
COMMISSION
68
Error
72
STEWART v KENNEDY
86
Force and Fear
101
THE CONDICTIONES
120
SUMMARY AND CONCLUSIONS
127
Pacta Illicita
129
Family lifesexual matters
133
Elections
140
EFFECT OF AN ILLEGAL CONTRACT
149
CONCLUSION
155
Judicial Control of Unfair Contract Terms
157
Breach of Contract
175
DAMAGES AND THE EMERGENCE
184
CONCLUSIONS
193
Specific Implement
195
THE JUDICIAL DISCRETION
206
CONCLUSION
219
Jus Quaesiium Tertio
220
AND KAMES
227
IRREVOCABILITY
235
GLOAGS
245
Promise
252
THE TERM POLLICITATIONA DIGRESSION
267
EIGHTEENTH AND NINETEENTHCENTURY
273
Contractual Restrictive Covenants
283
THE MIDTWENTIETH CENTURY
294
Substantive law
300
Sale
305
THE SIXTEENTH CENTURY AND
307
THE NINETEENTH CENTURY
319
CONCLUSION
331
condictio ob turpem vel injustam
412
CONCLUSIONS
419
The Structure of the Law of Delict in Historical Perspective
422
The distinction between criminal and civil liability
432
events
439
THE EIGHTEENTH
446
THE TWENTIETH CENTURY
456
An interim assessment
464
REMEDIES AND BOUNDARIES OF DELICT
470
The Intentional Delicts
477
THE NOMINATE DELICTS OF THE INSTITUTIONAL
483
Intrusion and ejection
491
Contravention of lawburrows wrongful use of lawburrows
497
POSTINSTITUTIONAL DEVELOPMENTS
506
ANALYSIS AND CONCLUSION
513
Negligence
517
THE DEVELOPMENT OF THE MODERN LAW
542
Strict Liability
548
QUASIDELICTUAL LIABILITY
567
Vicarious Liability
584
GENERAL VICARIOUS LIABILITY
601
CONCLUSION
610
Liability among Neighbours
612
THE DEVELOPMENT OF SCOTS CASE LAW
617
SOME FINAL OBSERVATIONS
629
Defamation
633
HI FROM THE REFORMATION TO THE MID
638
THE SECOND HALF OF THE EIGHTEENTH
654
AREAS OF DOCTRINAL STRESS ARISING FROM
662
Defences
671
Terminology
682
The problem of the actionability of representations that
693
FROM THE FIRST WORLD WAR ONWARDS
706
Copyright

Other editions - View all

Common terms and phrases

About the author (2000)


Kenneth Reid is Professor of Law at Edinburgh University Reinhard Zimmermann is Professor of Private Law, Roman Law and Comparative Law in the University of Regensburg.

Bibliographic information