Absence of Basis
in Unjust Enrichment
January 2005; published online March 2012.
Chapter. Subjects: civil law. 14666 words.
Every enrichment comes about either with or without the participation of the claimant. Non-participatory transfers are those over which the claimant has no control, as where a pickpocket takes money...
Access to Civil Justice
in The Oxford Handbook of Empirical Legal Research
November 2010; published online September 2012.
Article. Subjects: law; civil law. 12629 words.
This article discusses the process of empirical research on access to justice, explaining the procedure from data collection to analysis. Research into access to justice finds ways to render civil...
Accessories
in Torts and Rights
September 2007; published online January 2009.
Chapter. Subjects: civil law. 4834 words.
The rule in Lumley v Gye is best explained on the basis that contractual rights carry with them a secondary right good against the rest of the world that they do not induce its infringement. The...
The Acquisition of Property Interests
in The Law of Property
March 2002; published online March 2012.
Chapter. Subjects: civil law. 5953 words.
There are a number of different interests which can exist or be created in property. Most things (or at least their components) already exist and their acquisition involves some form of transfer from...
Actio iniuriarum
in The Law of Obligations
August 1996; published online March 2012.
Chapter. Subjects: civil law. 26007 words.
This chapter deals with the actio iniuriarum or the infringements of personality rights. The first section sketches the early history of iniuria. As one of the requirements for the Aquilian...
Administrative Compensation: Brave New World?
in State Liability
July 2004; published online March 2012.
Chapter. Subjects: civil law. 12748 words.
This chapter deals with administrative compensation. The lecture explores the tangled relationships between liability, damages, and compensation. It argues that the failure to distinguish clearly...
Administrative Methods of Protecting Economic Interests
in Tort Law and Economic Interests
May 1991; published online March 2012.
Chapter. Subjects: civil law. 19363 words.
In the preceding chapter, the mechanisms for protecting economic interests were procedures for dealing retrospectively with bilateral disputes concerning the civil law rights and obligations of a...
Alleviating Mistakes
September 2004; published online March 2012.
Book. Subjects: civil law. 232 pages.
This book examines the legal issues that arise when we seek to avoid the untoward consequences of an action by claiming that our perception was flawed. We all make mistakes: we might overpay a debt,...
Alleviating Mistakes
in Alleviating Mistakes
September 2004; published online March 2012.
Chapter. Subjects: civil law. 5473 words.
Although there are mistakes that can be perceived as happy, for example one would be happy to experience a mistake such as Columbus' discovery of America, we have to realize that some mistakes are...
Alternative Means of Redress
in State Liability in Tort
March 2003; published online March 2012.
Chapter. Subjects: civil law. 11006 words.
This chapter discusses alternative, non-judicial means to compensate citizens aggrieved by public bodies by examining the two jurisdictions, and includes a comparative analysis of statutory and...