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

Online ISBN:
9781383043839
Print ISBN:
9780199291670
Publisher:
Oxford University Press
Book

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

Published online:
31 October 2023
Published in print:
5 January 2006
Online ISBN:
9781383043839
Print ISBN:
9780199291670
Publisher:
Oxford University Press

Abstract

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 to explain 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 legal problems which these older writers did not confront.

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