The Law of Obligations: Essays in Celebration of John Fleming

Hardcover | October 1, 1998

EditorPeter Cane, Jane Stapleton

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The late John Fleming, emeritus Professor of Law in the University of California at Berkeley, was the pre-eminent torts lawyer of the age; his Law of Torts has influenced generations of students and scholars, and remains a classic of legal literature. In this volume, distinguished academics and judges from around the world pay tribute to him in a collection of essays which range widely across tort law, legal theory, legal history and comparative law. Topics discussed include: tort and human rights; the duty of care in negligence; codificationof the law of obligations in Europe; the basis of strict liability in particular and of responsibility generally in tort law; and aspects of products liability. These stimulating essays have much to say about the past, present and future of the law of obligations and will be of great interest to scholars and lawyers of all legal systems. From the editors' preface John Fleming was one of the most influential writers on the law of torts and comparative law in the English-speaking world this century. His towering contribution to scholarship is evidenced not only by the great prestige his work attracts in academic circles but also by the frequency and highrespect with which his work is cited by judges in appellate courts of many jurisdictions. The authors of this collection of essays on the law of obligations intend it as a tribute to his achievements.

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The late John Fleming, emeritus Professor of Law in the University of California at Berkeley, was the pre-eminent torts lawyer of the age; his Law of Torts has influenced generations of students and scholars, and remains a classic of legal literature. In this volume, distinguished academics and judges from around the world pay tribut...

Peter Cane was, until 1997, a fellow of Corpus Christi College, Oxford. He is now a Professor of Law in the Research School of Social Sciences at the Australian National University. Jane Stapleton was, until 1997, a fellow of Balliol College, Oxford. She is now a Professor of Law in the Research School of Social Sciences at the Austr...

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Format:HardcoverPublished:October 1, 1998Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198264844

ISBN - 13:9780198264842

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Table of Contents

Professor Stephen D Sugarman: An Appreciation of John FlemingHuman RightsLord Bingham of Cornhill: Tort and Human RightsSir Anthony Mason: Human Rights and the Law of TortsAspects of NegligenceLord Cooke of Thorndon: The Right of SpringProfessor Jane Stapleton: Duty of Care Factors: a Selection from the Judicial MenusTony Weir: The Staggering March of NegligenceTheoretical PerspectivesProfessor Peter Cane: Retribution, Proportionality and Moral Luck in Tort LawProfessor James Gordley: Responsibility in Crime, Tort and Contract for the Unforeseeable Consequences of an Intentional Wrong: A Once and Future Rule?Professor Gary T Schwartz: Rylands v Fletcher, Negligence and Strict LiabilityA European PerspectiveProfessor Hein Kotz: Towards a European Civil Code: The Duty of Good FaithProfessor Basil Markesinis: Reading Through a Foreign JudgmentProfessor Reinhard Zimmerman and Nils Jansen: Quieta Movere: Interpretative Change in a Codified SystemProduct LiabilityProfessor Werner Lorenz: Some Thoughts about International Product LiabilityProfessor Stephen D. Sugarman: The Smoking War and the Role of Tort LawDelivering CompensationProfessor Andre Tunc: Traffic Accidents Compensation under Tort Law and under a Specific LawProfessor Harold Luntz: The Collateral Source Rule Thirty Years OnA Bibliography of the Publications of John Gunther Fleming

Editorial Reviews

`This Festschrift is a worthy tribute to the towering contribution of Fleming to legal scholarship ... The volume is a valuable contribution to the analysis of contemporary tort problems. It will be of great interest to scholars, advocates and judges throughout the common law jursidictions,and also in European countries.'Johan Steyn, Law Quarterly Review, October 1999