Buch, Englisch, 352 Seiten, Paperback, Format (B × H): 156 mm x 234 mm, Gewicht: 535 g
Buch, Englisch, 352 Seiten, Paperback, Format (B × H): 156 mm x 234 mm, Gewicht: 535 g
ISBN: 978-0-19-876411-3
Verlag: OUP Oxford
at least temporarily, imposed a measure of structure on a common law otherwise messy and inherently resistant to any stable ordering.
In this book David Ibbetson exposes the historical layers beneath the modern rules and principles of contract, tort, and unjust enrichment. Small-scale changes caused by lawyers successfully exploiting procedural advantages in their clients' interest are juxtaposed alongside changes caused by friction along the boundaries of these principal legal categories; fossilized remnants of old doctrines jostle with newer ideas in a state of half-consistent tension; loose-knit rules of equity developed
in the Chancery infiltrate themselves into more tightly controlled Common law structures. The result is a system shot through with inconsistencies and illogicalities, but with the resilience to adapt as necessary to take account of shifting pressures and changing circumstances.