Böcker i Hart Studies in Private Law-serien

This book uses doctrinal and theoretical analysis to explain the meaning and role of conscience and unconscionability in private law. It shows how they appear most prominently in the context of equitable obligations and primary equitable and common law liabilities. The book tracks how their use reveals two major recurring moral concerns. Firstly, the prevention of unconscientious retention of the benefits afforded by legal rights. Secondly, that of the need to give effect to, or redress the negative consequences of a breach of a voluntary undertaking in certain circumstances. Where the limits of conscience are understood and respected, it can bring certainty and as such ensures the authority of private law. This is a fascinating study of little understood but crucial concepts in private law.

This collection of essays investigates the way in which modern private law apportions responsibility between multiple parties who are (or may be) responsible for the same legal event. It examines both doctrines and principles that share responsibility between plaintiffs and defendants, on the one hand, and between multiple defendants, on the other. The doctrines examined include those 'originating' doctrines which operate to create shared liabilities in the first place (such as vicarious and accessorial liability); and, more centrally, those doctrines that operate to distribute the liabilities and responsibilities so created. These include the doctrine of contributory (comparative) negligence, joint and several (solidary) liability, contribution, reimbursement, and 'proportionate' liability, as well as defences and principles of equitable 'allowance' that permit both losses and gains to be shared between parties to civil proceedings. The work also considers the principles which apportion liability between multiple defendants and insurers in cases in which the cause, or timing, of a particular loss is hard to determine.The contributions to this volume offer important perspectives on the law in the UK, USA, Canada, Australia and New Zealand, as well as a number of civilian jurisdictions. They explicate the main rules and trends and offer critical insights on the growth and distribution of shared responsibilities from a number of different perspectives - historical, comparative, empirical, doctrinal and philosophical.

2013 was the 50th anniversary of the House of Lords'' landmark decision in Hedley Byrne v Heller. This international collection of essays brings together leading experts from five of the most important jurisdictions in which the case has been received (the United Kingdom, the United States, New Zealand, Canada and Australia) to reappraise its implications from a number of complementary perspectives-historical, theoretical, conceptual, doctrinal and comparative. It explores modern developments in the law of misstatement in each of the jurisdictions; examines the case''s profound effects on the conceptual apparatus of the law of negligence more generally; explores the intersections between misstatement liabilities in contract, tort, equity and under statutory consumer protection provisions; and critically assesses the ways in which advisor liabilities have come to be limited and distributed under systems of ''joint and several'' and ''proportionate'' liability respectively. Inspired by Hedley Byrne, the purpose of the collection is to reflect on the case''s echoes, effects and analogues throughout the private law and to provide a platform for thinking about the ways in which liabilities for misstatement and pure economic loss should be modelled in the modern day.

Based on author's thesis (doctoral -University of Birmingham, 2013) issued under title: A critical analysis of the current approach of the courts and academics to the problem of evidential uncertainty in causation in tort law.

This book examines the nature and effect of contractual indemnities outside the insurance context. It is the first work to provide a detailed account of the subject in English law.

This book challenges the orthodox understanding of the expectation principle, as famously laid down by Parke B in Robinson v Harman, and proposes a new account of the money awards provided in response to breach of contract.

Every day, large numbers of altruistic individuals, in the absence of any legal duty, provide substantial and essential services for elderly and disabled people. In doing so, many suffer financial and other disadvantages. This book considers the scope for a "private law" approach to rewarding, supporting or compensating carers.

Enrichment is key to understanding the law of unjust enrichment and restitution.This book provides a comprehensive analysis of the concept of enrichment and its implications for restitutionary awards.

While some defences to liability recognised in the law of torts have been explored in detail, the theoretical foundations of defences generally have received scant attention. This book attempts to fill this gap.

Based on author's thesis (doctoral - Deakin University, Australia, 2015) issued under title: Negligence and the wrongdoing plaintiff: a corrective justice analysis.

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. They consider the respective future roles of statutes, codes, and judge-made law (in the form of both common law and equitable rules). They consider how best to organise the private law system internally, and how to co-ordinate it externally with other public and economic systems (human rights, regulation, insurance markets and social security frameworks). They address the challenges for private law presented by new forms technology, and by modern demands for the protection of new and intangible forms of moral interest, such as interests in privacy, ''vindication'' and ''personal choice''. They also engage with the critical contemporary debates about access to, and the privatisation of, civil justice. The work will be an important source of inspiration and reference to private lawyers, as well as legislators, policy-makers and students.

This book presents a study of the ways in which legislation shapes and develops the law of obligations.

Although much equitable doctrine is settled, there remain some intractable problems that bedevil lawyers across jurisdictions. Here, leading scholars and practitioners from England, Australia and New Zealand employ new historical, comparative and theoretical perspectives to cast light on these fault lines in equitable doctrine and methodology.

Based on author's thesis (doctoral - University of Oxford, 2014).