This comprehensive book presents the English law of contract and tort in the context of a European law of obligations.
Law of Obligations provides the reader with an overview of contract and tort as well as an introduction to the law of obligations in the civil (or continental) law tradition. The book is considered an extensive introduction to the western law of obligations, but with an emphasis on English law. Arising out of the analysis of the two legal traditions, Geoffrey Samuel raises questions about the appropriateness of importing the obligations category into the common law. He also highlights what has been termed the `harmonisation debate'; should the law of obligations be harmonised at a European - or even international level? The debate raises some fundamental issues not just about legal traditions and about the law of obligations itself, but also about comparative law theory and methodology.
Designed with English law students and jurists in mind, this book will be an invaluable tool for researching contract, tort and the law of obligations. It is an original contribution not only to European private law but equally to comparative legal studies.
Geoffrey Samuel, Professor, Kent Law School, UK, and Professor affilie, Ecole de droit, Sciences-Po, Paris, France
Contents: Preface 1. Theory and Method: Background to the Law of Obligations 2. History and Structure of the Law of Obligations 3. General Theory of Obligations 4. Obligations and the Common Law 5. Contractual Obligations: General Provisions 6. Enforcing Contracts 7. Escaping from Contracts 8. Unperformed Contracts and Appropriate Remedies 9. Tortious Obligations: General Provisions 10. Liability and Intentional Harm 11. Liability for Unintentional Harm 12. Liability for Things 13. Liability for People 14. Liability for Words 15. Escaping Liability 16. Beyond Contract and Tort: Restitution 17. Transnational Law of Obligations? Bibliography Index