Format:
1 Online-Ressource (xlvi, 458 pages)
ISBN:
9781509929481
,
9781509929474
Content:
"The chapters in this book were originally presented at the Ninth Biennial Conference on the Law of Obligations, which was co-hosted by Melbourne Law School and the Faculty of Law at the University of Oxford and held in Melbourne in July 2018. They explore the relationship between form and substance in the law of obligations. The volume builds on the rich tradition of legal thought that deploys these concepts to inform our understanding of the common law. The essays offer multiple conceptions of form and substance and cover an array of private law subjects, scholarly approaches and jurisdictions. The collection makes it clear that the interplay between form and substance is a key element of the dynamism that characterises this area of the law"
Content:
Between form and substance? / Andrew Robertson and James Goudkamp -- Form and substance : fictions and judicial power? / Andrew Burrows -- Substance over form? : has the pendulum swung too far?? / Birke H¿cker -- Form, substance and recharacterisation? / Pey-Woan Lee -- In defence of formalism? / William Swadling -- Private law and the form of reasons? / Robert Stevens -- The formality of contractual obligation? / Liam Murphy -- Two forms of formalism? / Dan Priel -- Form and substance in equity? / Ben McFarlane -- Modern equity at the edge of formal reasoning / Man Yip -- The form and substance of equitable estoppel / Andrew Robertson -- Trends in tort law : bad form and addictive substance? / James Lee -- form and substance in the tort of deceit? / Jason W. Neyers -- Form and substance in the law of punitive damages? / James Goudkamp and Eleni Katsampouka -- Statute law in the law of obligations : dimensions of form and substance? / Mark leeming -- Interpretive formalism in the law of obligations : thirty years after form and substance? / Ben Chen and Jeff Gordon -- Misrepresentation, misleading conduct, and statute through the lens of form and substance / Jeannie Marie Paterson and Elise Bant -- ?Form and substance : three observations on the state of debate? / Kit barker.
Note:
Includes bibliographical references and index
,
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Additional Edition:
ISBN 9781509929450
Additional Edition:
Erscheint auch als Druck-Ausgabe Form and substance in the law of obligations Oxford : Hart, 2019 ISBN 9781509929450
Language:
English
Keywords:
Common law
;
Schuldrecht
;
Formvorschrift
;
Konferenzschrift
DOI:
10.5040/9781509929481
