The common law of obligations : divergence and unity / edited by Andrew Robertson and Michael Tilbury.

Oxford : Hart Publishing, 2016.

87321

Obligations (Law) -- Congresses.

Civil law -- Congresses.

Common law -- Congresses.

Unity, divergence and convergence in the common law of obligations / Andrew Robertson and Michael Tilbury

The influence of comparative law on the English law of obligations / Andrew Burrows

Unity, then divergence : the Privy Council, the common law of England and the common law of Canada, Australia and New Zealand / Paul Finn

A conscious effort to develop a "different" common law of obligations : a possible endeavour? / Goh Yihan

A common law of tort : is there a European rift in the common law family? / Paula Giliker

A judicial perspective on the development of common law doctrine in the light of statute law / Anthony Mason

Public actors and private obligations : a judicial perspective / Sian Elias

The tort liability of public authorities : a comparative analysis / Peter Cane

We'll meet again : convergence in the private law treatment of public bodies / Niamh Connolly

How to have a common private law : the presuppositions of legal conversation / Allan Beever

The philosophies of the common law and their implications : common law divergences, public authority liability and the future of a common law world / Dan Priel

Obligations, governance and society : bringing the state back in / TT Arvind

Divergent evolution in the law of torts : jurisdictional isolation, jurisprudential divergence and explanatory theories / James Gouldkamp and John Murphy

Common law values : the role of party autonomy in private law / Sarah Worthington.

"The development of the law of obligations across the common law world has been, and continues to be, a story of unity and divergence. Its common origins continue to exert a powerful stabilising influence, carried forward by a methodology that places heavy weight on the historical foundations of legal principles. Divergence is, however, produced by numerous factors, including national and international human rights instruments, local statutory regimes, civil law influences, regional harmonisation, local circumstances and values and different political and legal cultures. The essays in this collection explore the forces that produce divergence, the countervailing forces that generate cohesion and consistency in the common law of obligations, and the influence that the major common law jurisdictions continue to exert over one another in this area of law. 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." -- Publisher's website.

Includes bibliographical references and index.

February 2017

9781782256564

xxxvi, 331 p. ; 26 cm