Divergences in Private Law

Edited by: Andrew Robertson, Michael Tilbury

This book is a study of doctrinal and methodological divergence in the common law of obligations. It explores particular departures from the common law mainstream, the causes and effects of those departures, and the extent to which they undermine the idea of the common law as a single transnational body of law. Some divergences can be justified on the basis of a need to adapt the common law of contract, torts, equity, and restitution to local circumstances, or to bring them into conformity with local values. More commonly, however, doctrinal or methodological divergence simply reflects different approaches to common problems, or different views as to what justice or policy requires in particular circumstances. In some instances, divergent methodologies lead to substantially the same results, while in others, particular causes of action, defenses, immunities, or remedies recognized in one jurisdiction, but not another, undoubtedly produce different outcomes. Such cases raise interesting questions as to whether ultimate appellate courts should be slow to abandon principles that remain well accepted throughout the common law world, or cautious about taking a uniquely divergent path. The book's essays were originally presented at the Seventh Biennial Conference on the Law of Obligations held in Hong Kong in July 2014. A separate collection, entitled The Common Law of Obligations: Divergence and Unity (ISBN 978 1 78225 656 4), is also being published. [Subject: Contract Law, Comparative Law]


Publication Date: 3/17/2016
Format: Cloth
ISBN: 9781782256601