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  • Hart Publishing, Oxford - Good books for lawyers
    an interference with the use and enjoyment of land This definition is typically unhelpful While a nuisance must fit this account it is plain that not all such interferences are legal nuisances Thus analysis of this area of the law begins with a definition far too broad for its subject matter forcing the analyst to find more or less arbitrary ways of cutting back on potential liability Tort law is plagued by this kind of approach In the law of nuisance today s preferred method of cutting back is to employ the notion of reasonableness No one seems to know quite what reasonableness means in this context however This is because in fact it does not mean anything The notion is no more than the immediately recognisable symptom of our inadequate comprehension of the law This book expounds a new understanding of the law of nuisance an understanding that presents the law in a coherent and systematic fashion It advances a single central suggestion that the law of nuisance is the method that the common law utilises for prioritising property rights so that conflicts between uses of property can be resolved Allan Beever is Professor of Law at the University

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849465069 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    Yet it quickly grew to include sexual harassment and defamation and by the first century CE it had been re oriented around the concept of contumelia so as to incorporate a range of new wrongs including insult and invasion of privacy In truth it now comprised all attacks on personality It is the Roman delict of iniuria which forms the foundation of both the South African and more controversially Scots laws of injuries to personality On the other hand iniuria is a concept formally alien to English law But as its title suggests this book of essays is representative of a species of legal scholarship best described as oxymoronic comparative law employing a concept peculiar to one legal tradition in order to interrogate another where apparently it does not belong Addressing a series of doctrinal puzzles within the law of assault defamation and breach of privacy it considers in what respects the Roman delict of iniuria overlaps with its modern counterparts in England Scotland and South Africa the differences and similarities between the analytical frameworks employed in the ancient and modern law and the degree to which the Roman proto delict points the way to future developments in each of

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849465038 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    Edition James Goudkamp The law of torts recognises many defences to liability While some of these defences have been explored in detail scant attention has been given to the theoretical foundations of defences generally In particular no serious attempt has been made to explain how defences relate to each other or to the torts to which they pertain The goal of this book is to reduce the size of this substantial gap in our understanding of tort law The principal way in which it attempts to do so is by developing a taxonomy of defences The book shows that much can be learned about a given defence from the way in which it is classified This book has been awarded Joint Second Prize for the 2014 Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship James Goudkamp is a Fellow of Keble College Oxford and an Associate Professor in the Oxford Law Faculty He holds or has held visiting positions at Harvard Law School the National University of Singapore the University of Western Australia and the University of Wollongong Hardback July 2013 9781849462914 63 00 Paperback March 2016 9781509905027 Ask For Availabliity 30 00 ePub July 2014 9781782251897

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849462914 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    American Law Institute in July 2010 was an event of major importance not only for the development of the law of unjust enrichment in the US but also for global scholarship relating to this area of private law The Restatement First appeared in 1937 and the Restatement Second was abandoned hence the Restatement Third is the most significant survey of the American law on this topic for over 70 years Private law has been a comparatively neglected area of study in US law schools for several decades and this is particularly true of the law of unjust enrichment However the appearance of the Restatement Third has prompted a renewal of interest in the subject among US scholars and it is hoped that the present volume of essays will contribute to this revival while reflecting on the lessons to be learned from the Restatement by other legal systems Featuring the work of leading scholars from the UK Germany South Africa Canada Hong Kong and Australia the essays undertake critical and comparative analysis of the Restatement and offer fresh insights into the rules that it articulates Charles Mitchell is a Professor of Law at University College London William Swadling is a Reader

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849464086 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    of overpaid tax has experienced rapid and profound evolution This has been so not only in England but also elsewhere in the common law world as well as on the European plane The essays in this collection consider the new landscape and explore from various doctrinal and national perspectives the issues that have confronted and continue to confront the courts Steven Elliott is a barrister at One Essex Court Birke

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849461733 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    Informal Carers and Private Law First Edition Brian Sloan Every day large numbers of altruistic individuals in the absence of any legal duty provide substantial and essential services for elderly and disabled people In doing so many such informal carers suffer financial and other disadvantages This book considers the scope for a private law approach to rewarding supporting or compensating carers an increasingly vital topic in the context of an ageing population and the need for savings in public expenditure Adopting a comparative approach the book explores the recognition of the informal carer and his or her relationship with the care recipient within diverse fields of private law from unjust enrichment to succession Aspects of the analysis include the importance of a promise of a reward from the care recipient and the appropriate measure of any remedy In considering the potential for expansion of a private law approach for carers the book addresses the fundamental and controversial question of the price of altruism Winner of the University of Cambridge s Yorke Prize 2014 Brian Sloan is College Lecturer Director of Studies and Fellow in Law at Robinson College Cambridge Hardback December 2012 9781849462815 70 00 ePub 9781782250470 69 99 Adobe

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849462815 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    of unjust enrichment and restitution This book provides a comprehensive analysis of the concept of enrichment and its implications for restitutionary awards Dr Lodder argues that enrichment may be characterised either factually or legally and explores the consequences of that distinction In factual enrichment cases the measure of enrichment is the objective value received This is the basis of many awards of money had and received quantum meruit quantum valebat and money paid In legal enrichment cases the benefit is the acquisition of a specific right or the release of a specific obligation The remedy is restitution of that right or reinstatement of that obligation It is demonstrated that specific restitution of the defendant s legal enrichment is often the basis for resulting trusts rescission rectification and subrogation This book has profound implications for understanding restitutionary awards and the relationship between the enrichment inquiry and other aspects of the law of unjust enrichment including the at the expense of inquiry and the defence of change of position Andrew Lodder is a Barrister of the Honourable Society of the Inner Temple and Attorney and Counsellor at Law in the State of New York He was formerly a Lecturer in Law at

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849463294 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    cases in contract law However there is some confusion as to when such an award should be made The moral bases for disgorgement damages are deterrence and punishment which shape the remedy in important ways Courts are also concerned with vindication of the claimant s performance interest and it is pivotal in these cases that the claimant cannot procure a substitute performance via an award of damages or specific relief The book argues that disgorgement damages should be available in two categories of case second sale cases where the defendant breaches his contract with the claimant to make a more profitable contract with a third party and agency problem cases where the defendant promises the claimant he will not do a certain thing and the claimant finds it difficult to supervise the performance Moreover disgorgement may be full or partial and reasonable fee damages for breach of contract are best understood as partial disgorgement rather than restitutionary damages Equitable bars to relief should also be adopted in relation to disgorgement damages as should allowances for skill and effort This book will be of interest to contract and commercial lawyers and will be especially valuable to anyone with an interest in

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849462518 (2016-02-13)
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