DIVERGENCES IN PRIVATE LAW

Opis produktu

Andrew Robertson is Professor of Law at the University of Melbourne.Michael Tilbury is a Professorial Fellow at Melbourne Law School formerly Kerry Holdings Professor in Private Law at the Faculty of Law in the University of Hong Kong.The book brings together leading scholars who attended the Obligations VII conference in Hong Kong in 2014.The focus is on factors that have led to particular divergences or convergences in the common law of obligations.The collection spans contract tort restitution and equity in jurisdictions across the common wealth making it a valuable comparative resource.Andrew Robertson is Professor of Law and Director of Studies for Private Law at Melbourne Law School in the University of Melbourne.Michael Tilbury is a Professorial Fellow at Melbourne Law School formerly Kerry Holdings Professor in Private Law at the Faculty of Law in the University of Hong Kong.This book is a study of doctrinal and methodological divergence in the common law of obligations. It explores particular departures from the common law mainstream and the causes and effects of those departures. Some divergences can be justified on the basis of a need to adapt the common law of contract torts equity and restitution to local circumstances or to bring them into conformity with local values. More commonly however doctrinal or methodological divergence simply reflects different approaches to common problems or different views as to what justice or policy requires in particular circumstances. In some instances divergent methodologies lead to substantially the same results while in others particular causes of action defences immunities or remedies recognised in one jurisdiction but not another undoubtedly produce different outcomes. Such cases raise interesting questions as to whether ultimate appellate courts should be slow to abandon principles that remain well accepted throughout the common law world or cautious about taking a uniquely divergent path.The chapters in this book were originally presented at the Seventh Biennial Conference on the Law of Obligations held in Hong Kong in July 2014. A separate collection entitled The Common Law of Obligations: Divergence and Unity (ISBN: 9781782256564) is also being published.1. Why Diverge? Andrew Robertson and Michael Tilbury2. Proximity: Divergence and Unity Andrew Robertson3. Canadas Common Law Quebecs Civil Law and the Threshold of Actionable: Mental Harm Following Tortious Conduct Louise BęlangerHardy4. śPure Economic Loss and Defective Buildings Sarah Green and Paul S Davies5. Divergence and Convergence in the Tort of Public Nuisance JW Neyers6. Defamation on the Internet Robert Ribeiro 7. Convergence and Divergence: The Law of NonDelegable Duties in Australia and the United Kingdom Neil Foster8. The Scope of the Rule Against Contractual Penalties: A New Divergence Sirko Harder9. Rights Restricting Remedies Robert Stevens

Wymiary: 244 mm 169 mm 626 gr