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English
Oxford University Press
26 December 2024
Mapmaking analogies are a longstanding hallmark of private law scholarship, but the boundaries between subject areas are not always neat and tidy. Can lines be drawn between property and obligations, or common law and equity? Should tort and unjust enrichment be subordinate to the law of contract? Should equity enforce agreements that contract does not? Are equitable wrongs meaningfully different from torts? Where do these borders sit, and what does one do with areas that intersect?

In this collection of essays, several of the UK's leading academic lawyers discuss these borderlines and intersections. Covering five broad topicsDLcontract, tort, unjust enrichment, property, and equityDLthe contributors take varied approaches. Some argue for distinct categories and the careful maintenance of borders, while others celebrate cross-border exchanges, or say that any attempt to draw and maintain borders is a futile endeavour. In addition to the contributions from academic lawyers, the book contains responses from senior members of the UK judiciary, including Lord Sales and Lady Carr, offering their perspectives on these debates, and advice on how to structure, order, and understand private law in the context of real-world disputes.

With an esteemed group of contributors, Borderlines in Private Law is at the cutting edge of modern private law scholarship,

providing invaluable discussion on the interactions between contract, tort, equity, unjust enrichment, and property law.
Volume editor:   , , ,
Imprint:   Oxford University Press
Country of Publication:   United Kingdom
Dimensions:   Height: 240mm,  Width: 162mm,  Spine: 25mm
Weight:   594g
ISBN:   9780198888710
ISBN 10:   0198888716
Pages:   320
Publication Date:  
Audience:   Professional and scholarly ,  College/higher education ,  Undergraduate ,  Further / Higher Education
Format:   Hardback
Publisher's Status:   Active
1: Lord Sales: Borderlines in Private Law: An Introduction 2: Mrs Justice Cockerill: Contract's Borderlines 3: Janet O'Sullivan: Contract 4: Julius AW Grower: Contract 5: Lady Chief Justice, Lady Carr: Tort's Borderlines 6: Nicholas J McBride: Tort 7: Rory Gregson: Tort 8: Mr Justice Foxton: Unjust Enrichment's Borderlines 9: William Day: Unjust Enrichment 10: Graham Virgo: Unjust Enrichment 11: Mr Justice Marcus Smith: Equity's Borderlines 12: Ben McFarlane: Property 13: Sarah Worthington: Property 14: Mr Justice Fancourt: Property's Borderlines 15: Alexander Waghorn: Property 16: Helen Scott: Property 17: Robert Stevens: Borderlines in Private Law: A Response

William Day is a Fellow of Downing College, Cambridge and a barrister at 3 Verulam Buildings, London. His research interests are in commercial law generally and particularly in the fields of economic torts, contract law, the law of restitution and private international law, which overlap with his areas of practice. At Cambridge, William teaches contract, tort and commercial law at undergraduate level and on the advanced private law paper on the LLM. Julius Grower is an Associate Professor of Law at the University of Oxford and Ann Smart Fellow and Tutor in Law at St Hugh's College, Oxford. His research focuses on equity, and in particular its role within the law of obligations, and he has published articles on the law of fiduciaries, the law of agency, and constructive trusts. At Oxford, Julius teaches trusts law, contract law, commercial law, and the law of succession.

Reviews for Borderlines in Private Law

Evolution and adaptation are great strengths of the common law. This book provides valuable insights both into the present state of the law and its potential for the future. * Charles Clark, The Law Society Gazette *


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