Description
This collection of essays makes an important contribution to debate about the structure underlying private law and the relationships between its different branches. The contributors, including leading private law scholars from Australia, England and Canada, provide valuable insights by looking beyond the traditional categories and accepted structure of the law of obligations.
This book covers three topics. The first is concerned with classification and the law of remedies. The chapters on this topic deal with both the classification of remedies themselves and with remedial issues that cross classificatory boundaries within the law of obligations. The chapters on the second topic reconsider some of the boundaries drawn by judges and scholars within the law of obligations. The third topic deals with the relationship between obligations and property.
The chapters in this book offer illuminating new perspectives on fundamental issues in the law of obligations. Together, they provide a thought-provoking reconsideration of connections and boundaries in private law.
Table of Contents
Connections and Boundaries in Private Law; Remedies and the Classification of Obligations; The Meaning of 'Damages': Common Law and Equity; Rescission, Restitution and Contractual Ordering: The Role of Plaintiff Election; 'Unjust Enrichment': The Same Old Mistake?; On the Distinction Between Contract and Tort; The 'Other' Category in the Classification of Obligations; Integrating Property and Obligations; Owning Secrets: 'Property' in Confidential Information?; Contract Rights as Property Rights.
