Mapping the Law: Essays in Memory of Peter Birks

Hardcover | August 24, 2006

EditorAndrew Burrows, Alan Rodger

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This collection of essays celebrates the life and work of Peter Birks, who was Regius Professor of Civil Law at the University of Oxford, and Fellow of All Souls College. Widely known as one of the most prolific legal scholars for over twenty years, his contribution to English obligations lawis legendary. He was Founder of the Clarendon Law Lectures, editor of the Clarendon Law Series, editor of the Oxford English Law Series, and author of several works on the English law of restitution, comparative restitution, and unjust enrichment.This works in this volume cover the English law of unjust enrichment and restitution, comparative perspectives on unjust enrichment and restitution, Roman law, and legal history, reflecting the range on Peter Birks' work and influence.As one of the most distinguished academic lawyers of his generation Peter Birks' contribution to legal scholarship grew to be recognised as one of the most outstanding by a British jurist in the second half of the twentieth century. This collection attempts to acknowledge and pay tribute to PeterBirks' work.

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This collection of essays celebrates the life and work of Peter Birks, who was Regius Professor of Civil Law at the University of Oxford, and Fellow of All Souls College. Widely known as one of the most prolific legal scholars for over twenty years, his contribution to English obligations lawis legendary. He was Founder of the Clarendo...

Andrew Burrows is Norton Rose Professor of Financial and Commercial Law, and Fellow of St Hughs 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 Fell...

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Format:HardcoverDimensions:736 pages, 9.21 × 6.14 × 1.74 inPublished:August 24, 2006Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199206554

ISBN - 13:9780199206551

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Table of Contents

List of ContributorsAndrew Burrows and Alan Rodger: INTRODUCTIONTHE ENGLISH LAW OF UNJUST ENRICHMENT AND RESTITUTION1. Francis Rose: The Evolution of the SpeciesGeneral Concepts2. Andrew Burrows: Absence of Basis: The New Birksian Scheme3. Robert Stevens: Three Enrichment Issues4. Gareth Jones: Some Thoughts on Change of Position5. Graham Virgo: The Role of Fault in the Law of Restitution6. Charles Mitchell: Subrogation: Persistent Misunderstandings7. Lionel Smith: Tracing8. James Edelman: Gain-Based Damages and CompensationSome Particular Unjust Factors9. Jack Beatson: Unlawful Statutes and Mistake of Law: Is There a Smile on the Face of Schrodinger's Cat?10. Ewan McKendrick: The Further Travails of Duress11. Mindy Chen-Wishart: Undue Influence: Beyond Impaired Consent and Wrong-Doing Towards a Relational Analysis12. Gerard McMeel: Unjust Enrichment, Discharge for Breach, and the Primacy of ContractProperty, Insolvency and Restitution13. Robert Chambers: Resulting Trusts14. Peter Millett: Jones v Jones: Property or Unjust Enrichment?15. William Swadling: Unjust Delivery16. Roy Goode: The Avoidance of Transactions in Insolvency Proceedings and Restitutionary DefencesTHE COMPARATIVE LAW OF UNJUST ENRICHMENT AND RESTITUTION17. Reinhard Zimmermann: Restitution after Termination for Breach of Contract: German Law after the Reform of 200218. Sonja Meier: No Basis: A Comparative View19. Gerhard Dannemann: Unjust Enrichment as Absence of Basis: Can English Law Cope?20. Thomas Krebs: The Fallacy of 'Restitution for Wrongs'21. Hector MacQueen: Peter Birks and Scots Enrichment LawROMAN LAW22. Alan Rodger: What Did Damnum Iniuria Actually Mean?23. Georg Wolf: The Romanization of Spain: The Contribution of City Laws in the Light of the Lex Irnitana24. Ernest Metzger: Absent Parties and Bloody-Minded Judges25. Arianna Pretto-Sakmann: 'You Can Never Tell with Bees': Good Advice from Pooh for Students of the Lex Aquilia26. Tony Honore: Law Arrivals: The Appendix in Justinian's Digest Reconsidered27. David Johnston: Logic and Experience in Roman Law28. Eltjo Schrage: Unjust Enrichment: The Tenant's TaleLEGAL HISTORY29. John Baker: Bezoar Stones, Gall Stones and Gem Stones: A Chapter in the History of the Tort of Deceit30. Jeffrey Hackney: Denials Ancient and Modern, with some Roman Footnotes31. Joshua Getzler: Rumford Market and the Genesis of Fiduciary Obligations32. John Cairns: Slavery and the Roman Law of Evidence in Eighteenth-Century Scotland33. David Ibbetson: Sir William Jones and the Nature of LawTHE PUBLICATIONS OF PETER BIRKS 1969 - 2005Eric Descheemaeker: