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Mapping the law : essays in memory of Peter Birks

Mapping the law : essays in memory of Peter Birks

Law of the United Kingdom and Ireland > England and Wales > KD632.B577

Edition Details

  • Creators or Attribution (Responsibility): Peter Birks, Eric Descheemaeker, Alan Rodger of Earlsferry, Andrew S. Burrows
  • Biografical Information: Andrew Burrows is Norton Rose Professor of Financial and Commercial Law, and Fellow of St Hughes College, Oxford. He has contributed to Chitty on Contracts (29th edition, Sweet and Maxwell, 2004) and is the author of Remedies for Torts and Breach of Contract (3rd edition, Oxford 2004). Lord Rodger
    is Lord of Appeal in Ordinary, a Fellow of the British Academy, President of the Expert Witness Institute, and Honourary Professor of Law at the Universities of Aberdeen and Glasgow. He has authored Owners and Neighbours in Roman Law (Oxford, 1972).
  • Language: English
  • Jurisdiction(s): England
  • Publication Information: Oxford ; New York : Oxford University Press, 2006
  • Publication Type (Medium): History
  • Material: Biography, Internet resource
  • Type: Book, Internet Resource
  • Permalink: (Stable identifier)

Short Description

Lviii, 675 pages ; 25 cm

Purpose and Intended Audience

Useful for students learning an area of law, Mapping the law : essays in memory of Peter Birks is also useful for lawyers seeking to apply the law to issues arising in practice.

Research References

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Bibliographic information

  • Publisher: Oxford University Press
  • Responsable Person: edited by Andrew Burrows and Lord Rodger of Earlsferry.
  • Publication Date: 2006
  • Country/State: England
  • Number of Editions: 16 editions
  • First edition Date: 2006
  • Last edition Date: 2008
  • Languages: English
  • Library of Congress Code: KD632.B577
  • Dewey Code: 346.42
  • ISBN: 9780199206551 0199206554
  • OCLC: 70864447

Main Contents

The evolution of the species / Francis Rose
Absence of basis, the new Birksian scheme / Andrew Burrows
Three enrichment issues / Robert Stevens
Some thoughts on change of position / Gareth Jones
The role of fault in the law of restitution / Graham Virgo
Subrogation : persistent misunderstandings / Charles Mitchell
Tracing / Lionel Smith
Gain-based damages and compensation / James Edelman
Unlawful statutes and mistake of law : is there a smile on the face of Schro?dinger's cat? / Jack Beatson
The further travails of duress / Ewan McKendrick
Undue influence : beyond impaired consent and wrongdoing towards a relational analysis / Mindy Chen-Wishart
Unjust enrichment, discharge for breach, and the primacy of contract / Gerard McMeel
Resulting trusts / Robert Chambers
Jones v. Jones : property or unjust enrichment? / Peter Millett
Unjust delivery / William Swadling
The avoidance of transactions in insolvency proceedings and restitutionary defences / Roy Goode
Restitution after termination for breach of contract : German law after the reform of 2002 / Reinhard Zimmermann
No basis : a comparative VIew / Sonja Meier
Unjust enrichment as absence of basis : can English law cope? / Gerhard Dannemann
The fallacy of “restitution for wrongs” / Thomas Krebs
Peter Birks and Scots enrichment law / Hector MacQueen
What did Damnum Iniuria actually mean? / Alan Rodger
The Romanization of Spain : the contribution of city laws in the light of the Lex Irnitana / Joseph Georg Wolf
Absent parties and bloody-minded judges / Ernest Metzger
“You can never tell with bees” : good advice from Pooh for students of the Lex Aquilia / Arianna Pretto-Sakmann
Late arrivals : the appendix in Justinian's Digest reconsidered / Tony Honore?
Logic and experience in Roman law / David Johnston
Unjust enrichment : the tenant's tale / Eltjo Schrage
Bezoar-stones, gall-stones, and gem- stones : a chapter in the history of the tort of deceit / John Baker
Denials ancient and modern, with some Roman footnotes / Jeffrey Hackney
Rumford market and the genesis of fiduciary obligations / Joshua Getzler
Slavery and the Roman law of evidence in eighteenth-century Scotland / John W. Cairns
Sir William Jones and the nature of law / David Ibbetson
The publications of Peter Birks, 1969-2005 / compiled by Eric Descheemaeker.

Summary Note

Covers topics such as aspects of unjust enrichment, tracing, damages and compensation, undue influence, property law, insolvency, equity and trusts, Roman law, and legal history. This collection of essays on private law and legal history celebrates the life and work of Peter Birks, who was Regius Professor of Civil Law at the University of Oxford.

Table of Contents

List of Contributors XXVII
Introduction 1 AndrewBurrows and Alan Rodger
1.The Evolution of the Species 13 FrancisRose
General Concepts
2.Absence of Basis: The New Birksian Scheme 33 AndrewBurrows
3.Three Enrichment Issues 49 RobertStevens
4.Some Thoughts on Change of Position 65
5.The Role of Fault in the Law of Restitution 83
6.Subrogation: Persistent Misunderstandings 105
7.Tracing 119
8.Gain-Based Damages and Compensation 141
Some Particular Unjust Factors
9.Unlawful Statutes and Mistake of Law: Is There a Smile on the Face of Schrödinger's Cat?
10.The Further Travails of Duress 181
11.Undue Influence: Beyond Impaired Consent and Wrongdoing Towards a Relational Analysis 201
12.Unjust Enrichment, Discharge for Breach, and the Primacy of Contract 223
Property, Insolvency, and Restitution
13.Resulting Trusts 247
14.Jones V Jones: Property or Unjust Enrichment?
15.Unjust Delivery 277
16.The Avoidance of Transactions in Insolvency Proceedings and Restitutionary Defences 299
17.Restitution after Termination for Breach of Contract: German Law after the Reform of 2002 323
18.No Basis: A Comparative View 343
19.Unjust Enrichment as Absence of Basis: Can English Law Cope?
20.The Fallacy of 'Restitution for Wrongs' 379
21.Peter Birks and Scots Enrichment Law 401
22.What did Damnum Iniuria Actually Mean?
23.The Romanization of Spain: The Contribution of City Laws in the Light of the Lex Irnitana 439
24.Absent Parties and Bloody-Minded Judges 455
25.'You Can Never Tell with Bees': Good Advice from Pooh for Students of the Lex Aquilia 475
26.Law Arrivals: The Appendix in Justinian's Digest Reconsidered 497
27.Logic and Experience in Roman Law 513
28.Unjust Enrichment: The Tenant's Tale 525
29.Bezoar Stones, Gallstones and Gem Stones: A Chapter in the History of the Tort of Deceit 545
30.Denials Ancient and Modern, with some Roman Footnotes 561
31.Rumford Market and the Genesis of Fiduciary Obligations 577
32.Slavery and the Roman Law of Evidence in Eighteenth-Century Scotland 599
33.Sir William Jones and the Nature of Law 619
ThePublications of Peter Birks 1969-2005 641
compiledby Eric Descheemaeker
Index 000

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  • Article Name: Mapping the law : essays in memory of Peter Birks
  • Author: Ruth Resetnikova
  • Description: Mapping the law : essays in memory of Peter Birks Law of the United Kingdom and Ireland > England and Wales > KD632.B577 [...]

This entry was last updated: May 30, 2016

Alan Rodger of Earlsferry

Andrew S. Burrows

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