Foundations of Private Law: Property, Tort, Contract, Unjust Enrichment

Overview

Foundations of Private Law is a treatise on the Western law of property, contract, tort and unjust enrichment in both common law and civil law systems. The thesis of the book is that underlying these fields of law are common principles that can be used both to explain the historical development of these fields and to resolve problems that contemporary jurists find difficult. Although based on common sense, they were given their archetypal expression by older jurists who wrote in the Aristotelian tradition. These ...
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Foundations of Private Law: Property, Tort, Contract, Unjust Enrichment

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Overview

Foundations of Private Law is a treatise on the Western law of property, contract, tort and unjust enrichment in both common law and civil law systems. The thesis of the book is that underlying these fields of law are common principles that can be used both to explain the historical development of these fields and to resolve problems that contemporary jurists find difficult. Although based on common sense, they were given their archetypal expression by older jurists who wrote in the Aristotelian tradition. These principles are of help in understanding not only the legal problems these jurists addressed, but many that they did not confront.

About the Author:
James Gordley is the Shannon Cecil Turner Professor of Jurisprudence, School of Law, University of California at Berkeley

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Product Details

  • ISBN-13: 9780199291670
  • Publisher: Oxford University Press, USA
  • Publication date: 3/2/2006
  • Pages: 492
  • Product dimensions: 9.30 (w) x 6.30 (h) x 1.30 (d)

Meet the Author

James Gordley, Shannon Cecil Turner Professor of Jurisprudence, School of Law, University of California at Berkeley

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Table of Contents


The Enterprise
Basic Principles     7
Differences Among Legal Systems     32
Property
Possession and Ownership     49
The Extent of the Right to Use Property: Nuisance, Troubles de Voisinage and Immissionenrecht     66
Private Modification of the Right to Use Property: Servitudes     81
Rights Annexed to the Use of Property: The Case of Water Rights     103
Loss of Resources Without the Owner's Consent: Necessity and Adverse Possession     130
Acquisition of Resources Without a Prior Owner's Consent: Minerals, Capture, Found Property     146
Torts
The Structure of the Modern Civil and Common Law of Torts     159
The Defendant's Conduct: Intent, Negligence, Strict Liability     182
Liability in Tort for Harm to Reputation, Dignity, Privacy, and 'Personality'     217
Liability in Tort for Pure Economic Loss     263
Contracts
Promises     289
Mistake     307
Impossibility and Unexpected Circumstances     336
Promises to Make a Gift     352
Promises to Exchange     361
Liability for Breach of Contract     388
Unjust Enrichment
The Principle Against Unjustified Enrichment     419
Restitution Without Enrichment?     433
Remediesin Restitution     445
Index     459
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