London. Cavendish Publishing Limited.2001. 487 стр. Second edition.
ISBN 1 85941 566 0.
Contents
Chapter
General Introduction
The Notion Of A Law Of Obligations
The English Law Of Obligations
Obligations And Legal Reasoning
Obligations And Comparative Legal Method
Obligations As A Form Of Legal Knowledge
European Union Law
Theory And Practice
General Theory Of Obligations
Part I The Law Of Actions
Procedural And Substantive Questions
Substantive Law And Procedure
Public And Private Law Remedies
The Role Of The Parties And The Judge
Burden Of Proof
Questions Of Fact And Questions Of Law
Legislation
Parties
Status
The Right To Sue
The Right Not To Be Sued
The Institutional Background
Legal Knowledge
Methodology
Concepts And Categories
Civilian And English Legal Science
Remedies (1) – Introduction
Institutions And Rules
Remedies And Interests
Interests And Obligations
Classification Of Remedies
Monetary Remedies
Self-Help Remedies
Declaration
Comparative Reflections
Remedies (2) – Non-Monetary Remedies
Common Law And Equity
Rectification In Equity
Rescission In Equity
Injunctions And Specific Performance
Subrogation
Remedies (3) – Damages
Image And Damages
Compensation Actions
Damages And Interests
Economic Interests
Non-Compensatory Damages
Damages And Behaviour
Causation
Role Of Fault
Limiting Damages
Factual Causation
Remoteness Of Damage
Causation And Damages
Causation And Unlawful Behaviour
Causation And Non-Monetary Remedies
Part II The Law Of Obligations
Introduction To Contractual And Non-Contractual Obligations
Obligations As A Category
Content Of An Obligation
Subjective Acts And Objective Facts
Obligations And Exteal Classifications
Contractual Obligations
The Formation Of A Contract
The Essential Requirements Of A Contract
Offer And Acceptance
Consideration
Pre-Contractual Liability
Intention To Create Legal Relations
Vitiating Factors
Misrepresentation
Mistake
Fraud
Duress
Restitution Problems
Concluding Remarks
Non-Performance Of A Contractual Obligation
Contractual Remedies And Contractual Rights
Breach Of A Pre-Contractual Obligation
The Contents Of A Contract
Exclusion And Limitation Clauses
Debt Clauses
Implied Terms
Privity Of Contract
Discharging Contractual Obligations
Non-Performance And The Law Of Remedies
Non-Contractual Obligations (1) – Law Of Restitution
Developments Beyond Contract
Non-Contractual Debt Actions (Quasi-Contract)
Equitable Remedies
Restitution And Property Rights
Unjust Enrichment
Province Of The Law Of Restitution
The Contents Of Restitution
Non-Contractual Obligations (2) – Law Of Tort (1)
General And Comparative Remarks
Strict Liability
Fault Liability
Liability For Unlawful Acts
Liability For Things
Liability For People
Liability For Statements
Professional Liability
Non-Contractual Obligations (3) – Law Of Tort (2)
Tort And Public Law
Causation
General Defences
Tort And Debt
Tort And Accident Compensation
Property Rights And The Law Of Tort
Tort And Damage
Concluding Remarks
Harmonisation And The Law Of Obligations
The Possibility Of Harmonisation
The Obstacles To Harmonisation
Harmonisation And Epistemology
Harmonising Symmetries
Concluding Remarks
Contents
Chapter
General Introduction
The Notion Of A Law Of Obligations
The English Law Of Obligations
Obligations And Legal Reasoning
Obligations And Comparative Legal Method
Obligations As A Form Of Legal Knowledge
European Union Law
Theory And Practice
General Theory Of Obligations
Part I The Law Of Actions
Procedural And Substantive Questions
Substantive Law And Procedure
Public And Private Law Remedies
The Role Of The Parties And The Judge
Burden Of Proof
Questions Of Fact And Questions Of Law
Legislation
Parties
Status
The Right To Sue
The Right Not To Be Sued
The Institutional Background
Legal Knowledge
Methodology
Concepts And Categories
Civilian And English Legal Science
Remedies (1) – Introduction
Institutions And Rules
Remedies And Interests
Interests And Obligations
Classification Of Remedies
Monetary Remedies
Self-Help Remedies
Declaration
Comparative Reflections
Remedies (2) – Non-Monetary Remedies
Common Law And Equity
Rectification In Equity
Rescission In Equity
Injunctions And Specific Performance
Subrogation
Remedies (3) – Damages
Image And Damages
Compensation Actions
Damages And Interests
Economic Interests
Non-Compensatory Damages
Damages And Behaviour
Causation
Role Of Fault
Limiting Damages
Factual Causation
Remoteness Of Damage
Causation And Damages
Causation And Unlawful Behaviour
Causation And Non-Monetary Remedies
Part II The Law Of Obligations
Introduction To Contractual And Non-Contractual Obligations
Obligations As A Category
Content Of An Obligation
Subjective Acts And Objective Facts
Obligations And Exteal Classifications
Contractual Obligations
The Formation Of A Contract
The Essential Requirements Of A Contract
Offer And Acceptance
Consideration
Pre-Contractual Liability
Intention To Create Legal Relations
Vitiating Factors
Misrepresentation
Mistake
Fraud
Duress
Restitution Problems
Concluding Remarks
Non-Performance Of A Contractual Obligation
Contractual Remedies And Contractual Rights
Breach Of A Pre-Contractual Obligation
The Contents Of A Contract
Exclusion And Limitation Clauses
Debt Clauses
Implied Terms
Privity Of Contract
Discharging Contractual Obligations
Non-Performance And The Law Of Remedies
Non-Contractual Obligations (1) – Law Of Restitution
Developments Beyond Contract
Non-Contractual Debt Actions (Quasi-Contract)
Equitable Remedies
Restitution And Property Rights
Unjust Enrichment
Province Of The Law Of Restitution
The Contents Of Restitution
Non-Contractual Obligations (2) – Law Of Tort (1)
General And Comparative Remarks
Strict Liability
Fault Liability
Liability For Unlawful Acts
Liability For Things
Liability For People
Liability For Statements
Professional Liability
Non-Contractual Obligations (3) – Law Of Tort (2)
Tort And Public Law
Causation
General Defences
Tort And Debt
Tort And Accident Compensation
Property Rights And The Law Of Tort
Tort And Damage
Concluding Remarks
Harmonisation And The Law Of Obligations
The Possibility Of Harmonisation
The Obstacles To Harmonisation
Harmonisation And Epistemology
Harmonising Symmetries
Concluding Remarks