Foundations of Private Law: Property, Tort, Contract, Unjust Enrichment

Paperback | July 7, 2007

byJames Gordley

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Foundations of Private Law is a treatise on the Western law of property, contract, tort and unjust enrichment in both common law systems and civil law systems. The thesis of the book is that underlying these fields of law are common principles, and that these principles can be used toexplain the history and development of these areas. These underlying common principles are matters of common sense, which were given their archetypal expression by older jurists who wrote in the Aristotelian tradition. These principles shaped the development of Western law but can resolve legalproblems which these older writers did not confront.

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Foundations of Private Law is a treatise on the Western law of property, contract, tort and unjust enrichment in both common law systems and civil law systems. The thesis of the book is that underlying these fields of law are common principles, and that these principles can be used toexplain the history and development of these areas...

James Gordley is the Shannon Cecil Turner Professor of Jurisprudence, School of Law, University of California at Berkeley

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Format:PaperbackDimensions:496 pages, 9.21 × 6.14 × 1.14 inPublished:July 7, 2007Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199227667

ISBN - 13:9780199227662

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Table of Contents

I The Enterprise1. Basic Principles2. Differences among Legal SystemsII Property3. Possession and Ownership4. The Extent of the Right to Use Property: Nuisance, Troubles de voisinage, and Immissionenrecht5. Private Modification of the Right to use Property: Servitudes6. Rights Annexed to the Use of Property: The Case of Water Rights7. Loss of Resources without the Owner's Consent: Necessity and Adverse Possession8. Acquisition of Resources without a Prior Owner's Consent: Minerals, Capture, Found PropertyIII Torts9. The Structure of the Modern Civil and Common Law of Torts10. The Defendant's Conduct: Intent, Negligence, Strict Liability11. Liability in Tort for Harm to Reputation, Dignity, Privacy, and 'Personality'12. Liability in Tort for Pure Economic LossIV Contracts13. Promises14. Mistake15. Impossibility and Unexpected Circumstances16. Promises to Make a Gift17. Promises to Exchange18. Liability for Breach of ContractV Unjust Enrichment19. The Principle against Unjustified Enrichment20. Restitution without Enrichment?20. Remedies in Restitution