iniuria and the common law

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Iniuria And The Common Law

Author : Eric Descheemaeker
ISBN : 9781782253389
Genre : Law
File Size : 27. 40 MB
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The delict of iniuria is among the most sophisticated products of the Roman legal tradition. The original focus of the delict was assault, although iniuria-literally a wrong or unlawful act-indicated a very wide potential scope. Yet it quickly grew to include sexual harassment and defamation, and by the first century CE it had been re-oriented around the concept of contumelia so as to incorporate a range of new wrongs, including insult and invasion of privacy. In truth, it now comprised all attacks on personality. It is the Roman delict of iniuria which forms the foundation of both the South African and-more controversially-Scots laws of injuries to personality. On the other hand, iniuria is a concept formally alien to English law. But as its title suggests, this book of essays is representative of a species of legal scholarship best described as 'oxymoronic comparative law', employing a concept peculiar to one legal tradition in order to interrogate another where, apparently, it does not belong. Addressing a series of doctrinal puzzles within the law of assault, defamation and breach of privacy, it considers in what respects the Roman delict of iniuria overlaps with its modern counterparts in England, Scotland and South Africa; the differences and similarities between the analytical frameworks employed in the ancient and modern law; and the degree to which the Roman proto-delict points the way to future developments in each of these three legal systems.

Tortious Liability For Unintentional Harm In The Common Law And The Civil Law Volume 1 Text

Author : F. H. Lawson
ISBN : 0521272092
Genre : Law
File Size : 56. 20 MB
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An examination of the approaches of the modern European legal systems, particularly those of England, France, & Germany, to the problem of liability for unintentional harm. The first volume contains a study of the various topics & problems, & the second, a selection of texts & extracts, with commentary. The second volume can be used independently.

Roman Law And Common Law

Author : William Warwick Buckland
Genre : Common law
File Size : 68. 48 MB
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The Roman Law Of Obligations

Author : Peter Birks
ISBN : 9780198719274
Genre : Law
File Size : 50. 94 MB
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This volume contains Birks' notes on a series of lectures on the Roman law of obligations delivered in 1982. They give a comprehensive insight into his views on the topic, which are relevant in both a Roman context and also from a modern English perspective. The book examines, in turn, the law of contracts with its general principles and rule applications to the transactions mentioned in the Institutes; the law of delicts; and finally the miscellany of residual obligations from which the later categories of quasi-contracts and quasi-delicts, but also the modern law of unjust enrichment, emerged.

Unjust Enrichment In South African Law

Author : Helen Scott
ISBN : 9781782251392
Genre : Law
File Size : 58. 92 MB
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Conventional thinking teaches that the absence of liability - in particular contractual invalidity - is itself the reason for the restitution of transfers in the South African law of unjustified enrichment. However, this book argues that while the absence of a relationship of indebtedness is a necessary condition for restitution in such cases, it is not a sufficient condition. The book takes as its focus those instances in which the invalidity thesis is strongest, namely, those traditionally classified as instances of the condictio indebiti, the claim to recover undue transfers. It seeks to demonstrate that in all such instances it is necessary for the plaintiff to show not only the absence of his liability to transfer but also a specific reason for restitution, such as mistake, compulsion or incapacity. Furthermore, this book explores the reasons for the rise of unjust factors in South African law, attributing this development in part to the influence of the Roman-Dutch restitutio in integrum, an extraordinary, equitable remedy that has historically operated independently of the established enrichment remedies of the civilian tradition, and which even now remains imperfectly integrated into the substantive law of enrichment. Finally, the book seeks to defend in principled terms the mixed approach to enrichment by transfer (an approach based both on unjust factors and on the absence of a legal ground) which appears to characterise modern South African law. It advocates the rationalisation of the causes of action comprised within the condictio indebiti, many of which are subject to additional historically-determined requirements, in light of this mixed analysis.

The Law Of Torts

Author : Frederick Pollock
ISBN : OSU:32437122223221
Genre : Torts
File Size : 51. 64 MB
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A Treatise On The Law Of Torts In Obligations Arising From Civil Wrongs In The Common Law

Author : Frederick Pollock
ISBN : STANFORD:36105044789555
Genre : Torts
File Size : 49. 46 MB
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