Overview

Foundations of Private Law is a treatise on the Western law of property, contract, tort and unjust enrichment in both common law systems and civil law systems. The thesis of the book is that underlying these fields of law are common principles, and that these principles can be used to explain the history and development of these areas. These underlying common principles are matters of common sense, which were given their archetypal expression by older jurists who wrote in the Aristotelian tradition. These principles shaped the development of Western law but can resolve legal problems which these older writers did not confront.

Full Product Details

Author:   James Gordley (Shannon Cecil Turner Professor of Jurisprudence, School of Law, University of California at Berkeley)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 15.50cm , Height: 2.90cm , Length: 23.10cm
Weight:   0.746kg
ISBN:  

9780199227662

ISBN 10:   0199227667
Pages:   496
Publication Date:   07 June 2007
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

Table of Contents

I The Enterprise 1: Basic Principles 2: Differences among Legal Systems II Property 3: Possession and Ownership 4: The Extent of the Right to Use Property: Nuisance, Troubles de voisinage, and Immissionenrecht 5: Private Modification of the Right to use Property: Servitudes 6: Rights Annexed to the Use of Property: The Case of Water Rights 7: Loss of Resources without the Owner's Consent: Necessity and Adverse Possession 8: Acquisition of Resources without a Prior Owner's Consent: Minerals, Capture, Found Property III Torts 9: The Structure of the Modern Civil and Common Law of Torts 10: The Defendant's Conduct: Intent, Negligence, Strict Liability 11: Liability in Tort for Harm to Reputation, Dignity, Privacy, and 'Personality' 12: Liability in Tort for Pure Economic Loss IV Contracts 13: Promises 14: Mistake 15: Impossibility and Unexpected Circumstances 16: Promises to Make a Gift 17: Promises to Exchange 18: Liability for Breach of Contract V Unjust Enrichment 19: The Principle against Unjustified Enrichment 20: Restitution without Enrichment? 20: Remedies in Restitution

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Author Information

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

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