Understanding the Law of Obligations : Essays on Contract, Tort and Restitution

Through Studies Of The Law Of Contract, Tort And Restitution, This Text Describes The Law Of Obligations And How It Is Likely To Develop In The Future, Providing A View Of The Main Reforms Needed. Dividing The Law Of Obligations -- Solving The Problem Of Concurrent Liability -- Understanding The Law Of Restitution : A Map Through The Thicket -- Free Acceptance And The Law Of Restitution -- Restitution : Where Do We Go From Here? -- In Defence Of Tort -- Legislative Reform Of Remedies For Breach Of Contract -- Improving Contract And Tort : The View From The Law Commission. Andrew Burrows. Includes Bibliographical References And Index. NEW in paperback From the Reviews of the hardback edition: This is a fascinating and thought-provoking collection of eight essays..... Taken together they represent a coherent and compelling exposition of the English law of obligations.... One is left with the picture of an [author] ... who remains a devotee of "practical scholarship" and the deductive technique of the common law and has a grasp on its intricacies second to non." Edwin Peel, The Law Quarterly Review, 1999 "[These essays], all concerned with various aspects of contract, tort and unjust enrichment, are a pleasure to peruse, and a distinct cut above the usual lacklustre collection of past triumphs now beyond their sell-by date. Without exception they are both topical and relevant: ... together they form a readable, scholarly and eclectic mixture of exposition and polemic, of speculation and analysis" Andrew Tettenborn, The Cambridge Law Journal, 1999 "..quite simply the most convincing and complete explanation of the law of obligations that is currently available - the book is thorough, compelling, definitive, and highly important." Paul Kearns, Anglo-American Law Review, 1999 "an extremely important work, produced by a leading academic." David Wright, Adelaide Law Review Through these studies of contract, tort and restitution, Andrew Burrows provides a stimulating guide to the present shape and likely future development of the law of obligations. Having argued that one should distinguish contract, tort and restitution, while recognising concurrent liability between them, Burrows goes on to map out the law of restitution and to analyse the future direction of that newly-recognised subject. Tort is then defended against those who would seek to abolish much of it. Looking through the eyes of the Law Commissioner charged with responsibility for recommending improvements to the law of obligations, the collection of essays is rounded off with a view of the main reforms needed in this central area of civil justice. Preliminaries......Page 1 Contents......Page 7 Foreword......Page 9 Table of Cases......Page 11 Table of Statutes and Supra national Legislation......Page 22 1 Dividing the Law of Obligations......Page 25 2 Solving the Problem of Concurrent Liability......Page 40 3 Understanding the Law of Restitution: A Map Through the Thicket......Page 69 4 Free Acceptance and the Law of Restitution......Page 96 5 Restitution Where do We Go From Here......Page 123 6 In Defence of Tort......Page 144 7 Legislative Reform of Remedies for Breach of Contract......Page 159 8 Improving Contract and Tort: the View from the Law Commission......Page 188 Index......Page 243