Obligations: Law and Language is the first work of its kind to examine in depth the fundamental language used by courts, legislators, and academic commentators when describing the nature of obligations law. A comparative perspective is taken, examining the law of England, Scotland, the United States, Canada, and Australia, and an in-depth analysis is provided of the major legal commentaries, statutes, and case law from each jurisdiction. In exploring such fundamental words as obligation, liability, debt, conditional, unilateral, mutual, and gratuitous, the author examines the often confusing and contradictory ways in which basic structural language has been used, and brings clarity to a core area of legal theory and practice.
|Publisher:||Cambridge University Press|
|Product dimensions:||5.98(w) x 9.02(h) x 0.75(d)|
About the Author
Martin Hogg has researched and published extensively in the field of obligations law, from both a national and comparative perspective, for over twenty years. He is the author of two monographs, the most recent being Promises and Contract Law: Comparative Perspectives (Cambridge, 2011). He is a member of the European Centre for Tort and Insurance Law, and since 2014 has been the editor of the Edinburgh Law Review.
Table of Contents
Introduction; 1. Obligation and liability; 2. Conditionality and contingency; 3. Unilaterality and bilaterality; 4. Gratuitousness and onerousness; 5. Mutuality and reciprocity; 6. Voluntariness and consent; Conclusion.