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Civil Law x clear all

Absence of Basis

Peter Birks.

in Unjust Enrichment

January 2005; p ublished 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...

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Access to Civil Justice

Roderick A. Macdonald.

in The Oxford Handbook of Empirical Legal Research

November 2010; p ublished online September 2012 .

Article. Subjects: Law; Civil Law. 12628 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...

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Accessories

Robert Stevens.

in Torts and Rights

September 2007; p ublished 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...

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The Acquisition of Property Interests

Peter Birks.

in The Law of Property

March 2002; p ublished 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...

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Actio iniuriarum

Reinhard Zimmermann.

in The Law of Obligations

August 1996; p ublished 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...

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Administrative Compensation: Brave New World?

Carol Harlow.

in State Liability

July 2004; p ublished 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...

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Administrative Methods of Protecting Economic Interests

Peter Cane.

in Tort Law and Economic Interests

May 1991; p ublished 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...

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AGENCY

Francis Reynolds.

in English Private Law

August 2013; p ublished online September 2013 .

Chapter. Subjects: Civil Law; Company and Commercial Law. 34268 words.

The law of agency deals with situations where one person acts for another. This chapter discusses the formation of agency; the external effects of agency; the agent and third parties; the...

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Aliens, Illegals, Wetbacks, and Anchor Babies

Steven W. Bender.

in Mea Culpa

January 2015; p ublished online September 2016 .

Chapter. Subjects: Civil Law. 8385 words.

Chapter 3 details how we regard undocumented immigrants as menacing subhumans and accordingly imperil them through restrictive immigration laws and practices that aim to repel and intercept...

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Alleviating Mistakes

E. Allan Farnsworth.

September 2004; p ublished 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...

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Alleviating Mistakes

E. Allan Farnsworth.

in Alleviating Mistakes

September 2004; p ublished 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...

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Allocation of Risk and Tort Law

Rob Merkin and Jenny Steele.

in Insurance and the Law of Obligations

August 2013; p ublished online September 2013 .

Chapter. Subjects: Civil Law. 29847 words.

Turns from contract to tort, exploring the significance of insurance in determining the existence and ambit of tort duties. Explains the perceived differences between contract and tort...

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Allocation of Risk in Voluntary Arrangements

Rob Merkin and Jenny Steele.

in Insurance and the Law of Obligations

August 2013; p ublished online September 2013 .

Chapter. Subjects: Civil Law. 23926 words.

Examines the part played by insurance arrangements in a wide variety of commercial contracts. Explains that insurance is an inherent aspect of party relationships; and that the contractual...

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Alternative Means of Redress

Duncan Fairgrieve.

in State Liability in Tort

March 2003; p ublished 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...

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Alternative Remedies

Dario Milo.

in Defamation and Freedom of Speech

February 2008; p ublished online January 2009 .

Chapter. Subjects: Civil Law. 12839 words.

This chapter considers alternative remedies in defamation cases with emphasis on remedies that courts should consider in holding the balance between freedom of expression and reputation....

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Alternatives and Frustration

GH Treitel.

in Good Faith and Fault in Contract Law

August 1997; p ublished online March 2012 .

Chapter. Subjects: Civil Law. 10261 words.

This chapter on alternative obligations considers contracts which give one of the parties the right to choose between two or more ways of rendering performance. It discusses the general...

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Altruism in Private Law

Jeroen Kortmann.

February 2005; p ublished online March 2012 .

Book. Subjects: Civil Law. 228 pages.

This book examines two problems in private law that are posed by the ‘good Samaritan’: First, do we have a legal duty to give aid to our fellow human beings? In particular: can we be held...

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The Ambiguity Question

Steven J. Burton.

in Elements of Contract Interpretation

October 2008; p ublished online January 2009 .

Chapter. Subjects: Civil Law. 17124 words.

This chapter considers the question of ambiguity. Under the plain meaning rule, an unambiguous contract will be given its unambiguous meaning as a matter of law. When determining whether a...

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The Ambitions of Contract as Promise

Charles Fried.

in Philosophical Foundations of Contract Law

December 2014; p ublished online March 2015 .

Chapter. Subjects: Jurisprudence and Philosophy of Law; Civil Law. 15194 words.

Contract as Promise, published in 1981, was an attempt to provide a comprehensive theory of contract law, rooted in individualistic, classical liberal premises. The presiding...

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An Analytical Framework for Legal Evaluation of Boilerplate

Margaret Jane Radin.

in Philosophical Foundations of Contract Law

December 2014; p ublished online March 2015 .

Chapter. Subjects: Jurisprudence and Philosophy of Law; Civil Law. 13367 words.

This chapter develops an analytical framework that could help legal analysts make better decisions about boilerplate in the context of rights deletions deployed by firms against consumers....

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