THE NATURE OF THE COMMON LAW

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The Nature Of The Common Law

Author : Melvin Aron Eisenberg
ISBN : 0674604814
Genre : Law
File Size : 71.4 MB
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Common law rules predominate in some areas of law, such as torts and contracts, and are extremely important in other areas, such as corporations. Nevertheless, it has been unclear what principles courts use--or should use--in establishing common law rules. In this lucid book, Melvin Eisenberg develops the principles that govern this process.
Category: Law

The Nature Of Customary Law

Author : Amanda Perreau-Saussine
ISBN : 9781139463218
Genre : Law
File Size : 71.20 MB
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Some legal rules are not laid down by a legislator but grow instead from informal social practices. In contract law, for example, the customs of merchants are used by courts to interpret the provisions of business contracts; in tort law, customs of best practice are used by courts to define professional responsibility. Nowhere are customary rules of law more prominent than in international law. The customs defining the obligations of each State to other States and, to some extent, to its own citizens, are often treated as legally binding. However, unlike natural law and positive law, customary law has received very little scholarly analysis. To remedy this neglect, a distinguished group of philosophers, historians and lawyers has been assembled to assess the nature and significance of customary law. The book offers fresh insights on this neglected and misunderstood form of law.
Category: Law

The Law Of Contract

Author : Hugh Collins
ISBN : 0406946736
Genre : Law
File Size : 88.56 MB
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This volume provides an advanced analysis of the law of contract for undergraduate courses covering the law of contract and the law of obligations.
Category: Law

The Common Law

Author : Oliver Wendell Holmes (Jr.)
ISBN : 1604423862
Genre : Law
File Size : 21.6 MB
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This volume of the ABA Classics Series is The Common Law. In the history of the law there have been many great treatises written by many great legal minds, but only a few have had the influence and staying power to truly be called the classics. The Common Law by famed Supreme Court Justice Oliver Wendell Holmes, Jr. is certainly one of these books.
Category: Law

English Common Law In The Age Of Mansfield

Author : James Oldham
ISBN : 9780807864005
Genre : Law
File Size : 43.46 MB
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In the eighteenth century, the English common law courts laid the foundation that continues to support present-day Anglo-American law. Lord Mansfield, Chief Justice of the Court of King's Bench, 1756-1788, was the dominant judicial force behind these developments. In this abridgment of his two-volume book, The Mansfield Manuscripts and the Growth of English Law in the Eighteenth Century, James Oldham presents the fundamentals of the English common law during this period, with a detailed description of the operational features of the common law courts. This work includes revised and updated versions of the historical and analytical essays that introduced the case transcriptions in the original volumes, with each chapter focusing on a different aspect of the law. While considerable scholarship has been devoted to the eighteenth-century English criminal trial, little attention has been given to the civil side. This book helps to fill that gap, providing an understanding of the principal body of substantive law with which America's founding fathers would have been familiar. It is an invaluable reference for practicing lawyers, scholars, and students of Anglo-American legal history.
Category: Law

The Common Law Of Intellectual Property

Author : Catherine Ng
ISBN : 9781847315939
Genre : Law
File Size : 32.89 MB
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This collection of essays was written in honour of David Vaver, who recently retired as Professor of Intellectual Property and Information Technology Law and Director of the Oxford Intellectual Property Research Centre at the University of Oxford. The essays, written by some of the world's leading academics, practitioners and judges in the field of intellectual property law, take as their starting point the common assumption that the patent, copyright and trade mark laws within members of the 'common law family' (Australia, Canada, Israel, Singapore, South Africa, the United Kingdom, the United States, and so on) share some sort of common tradition. The contributors examine, in relation to particular topics, the extent to which such a shared view of the field exists in the face of other forces that are producing divergence. The essays discuss, inter alia, issues concerning court practices, the medical treatment exception, non-obviousness and sufficiency in patent law, originality and exceptions in copyright law, unfair competition law, and cross-border goodwill and dilution in trade mark law.
Category: Law

The Nature And Scope Of Restitution

Author : Peter Jaffey
ISBN : 9781847311467
Genre : Law
File Size : 46.64 MB
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Joint Winner of the 2001 SPTL Prize for Outstanding Legal Scholarship! In recent years there has been enormous interest in the law of restitution,with many new books and academic articles and a number of important decisions in the courts. However, there remains great controversy and some confusion, partly for historical reasons and partly as a result of continuing differences over the principles underlying the field. There are particular difficulties over the relation of the law of restitution to other areas of law, including contract and property law. In this new and innovative work the author advances a view of the framework of fundamental principles underlying the law of restitution which offers a means of understanding the tangle of conflicting authorities, and then proceeds to examine the case law in light of it. As part of his analysis, the author suggests new approaches to understanding the areas of overlap between restitution, contract, trusts and property law.
Category: Law