The law of torts recognizes many defenses to liability. While some of these defenses have been explored in detail, scant attention has been given to the theoretical foundations of defenses generally. In particular, no serious attempt has been made to explain how defenses relate to each other or to the torts to which they pertain. Now available in paperback, this book reduces the size of this substantial gap in the understanding of tort law. The principal way in which it attempts to do so is by developing a taxonomy of defenses. It argues that all defenses should be sorted into the following...

The aim of this edited collection of essays is to examine the relationship between private law and power-both the public power of the state and the 'private' power of institutions and individuals. Its objectives are to describe and critically assess the way that private law doctrines, institutions, processes, and rules express, moderate, facilitate, and control relationships of power. The aim is to scrutinise this subject from the viewpoints of both history and modernity. The various chapters of this work examine the dynamics of the relationship between private law and power from a number of...

This book presents an account of attribution in unjust enrichment. Attribution refers to how and when two parties-a claimant and a defendant-are relevantly connected to each other for unjust enrichment purposes. It is reflected in the familiar expression that a defendant be 'enriched at the claimant's expense.' Author Eli Ball presents a structured account of attribution, consisting of two requirements: first, the identification of an enrichment to the defendant and a loss to the claimant; and, secondly, the identification of a connection between that enrichment and that loss. These two...

This book examines claims in negligence for compensation for harm arising from illegal conduct of the claimant. An array of public policy and other grounds have been advanced for resolving these claims, resulting in an area that is characterized by confusing and contradictory case law. Sharon Erbacher analyzes the various explanations put forward as the basis for illegality doctrine within a framework of corrective justice theory. Illegality law poses particular challenges for the corrective justice explanation of negligence law, as many illegality tests are based on public policy...

This book brings together a wide range of contributors from across the common law world to identify and debate the principal moral and systemic challenges that are likely to face private law in the remaining part of the twenty-first century. The various contributions identify serious problems relating to complexity and overload, threats to research and education, the law's unintelligibility, the unsatisfactory nature of the law reform process, and a general lack of public engagement. The contributors consider the respective future roles of statutes, codes, and judge-made law (in the form of...

This collection of essays interrogates significant issues at the forefront of scholarship and legal practice in the field of money remedies in equity. Chapters address the contentious and developing field of equitable compensation, including: the nature of equitable compensation; the relevant causation inquiry for equitable compensation; whether notions of contribution apply to multiple agents; accessorial liability; the role of discretion in limiting equitable compensation; which wrongs yield equitable compensation; and the extent to which compensation in equity differs from money remedies...

This collection of essays, written by leading commentators from across the common law world, examines a range of topics concerning equity and trusts in the commercial context. The essays investigate the way in which doctrines derived from the equitable jurisdiction interact with and shape various areas of the law, including company law, commercial law and agency law. Subjects considered include the difficulties in identifying trust assets in the commercial context; the court's role in supervising the trust; and the remedies available in cases of fiduciary or trustee wrongdoing. This book will...

The aim of this project is to produce a monograph on private international law or conflict of laws in Nigeria. Private international law deals with claims within a national legal system which involve a foreign element. For a number of reasons, Nigeria provides an interesting but unexplored forum for its study with expanding domestic and international scholarly academic interest in the subject. The proposed monograph will be useful to an audience of comparative academics, judges, legislators and practitioners.

Now available in paperback The quantification of contractual money awards is a topic of both significant theoretical interest and immense practical importance. Recent debates have ranged from the availability of gain-based relief to the basis for principles of remoteness and mitigation. While these and other important issues-such as the recovery of damages for non-pecuniary loss-are touched upon, the book's principal objective is to challenge the conventional interpretation of the principle generally acknowledged to govern this area of the law, which Parke B famously laid down in Robinson v...