Dimensions of Private Law: Categories and Concepts in Anglo-American Legal Reasoning
Anglo-American private law (the law governing mutual rights and obligations of individuals) has been a far more complex phenomenon than is usually recognized. Attempts to reduce it to a single explanatory principle, or to a precisely classified or categorized map, scheme, or diagram, are likely to distort the past by omitting or marginalizing material inconsistent with proposed principles or schemes. Many legal issues cannot be allocated exclusively to one category. Often several concepts have worked concurrently and cumulatively, so that competing explanations and categories are not so much alternatives, of which only one can be correct, as different dimensions of a complex phenomenon, of which several may be simultaneously valid and necessary. This study will be of importance to those interested in property, tort, contract, unjust enrichment, legal reasoning, legal method, the history of the common law, and the relation between legal theory and legal history.
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Introduction the mapping of legal concepts
Johanna Wagner and the rival opera houses
Liability for economic harms
Liability for physical harms
Profits derived from wrongs
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Dimensions of Private Law: Categories and Concepts in Anglo-American Legal ...
S. M. Waddams
No preview available - 2003
action Anglo-American law argument Beatson benefit Birks breach of contract Cambridge chapter claim common law compensation constructive trust context contract law cost Court of Canada damages decision defendant defendant's DLR 4th economic effect employee enforceable English law English Private Law equity estoppel example exclusively facts favour fiduciary Goff held House of Lords Ibid imposed injunction injury Johanna Wagner Jones judges judicial jurisdictions justice Law Journal Law of Obligations Law of Restitution Law of Torts Law Oxford Law Quarterly Review Law Review legal concepts Legal Studies loss Lumley Lumley's negligence owner P. S. Atiyah payment person plaintiff Pollock principle private law profits derived promise property rights proprietary interest Proprietary Remedies public interest public policy question reason reliance Restatement rule sense specific performance statute strict liability Supreme Court Toronto unjust enrichment vicarious liability Waddams wrong wrongdoing