In recent years a strand of thinking has developed in private law scholarship which has come to be known as 'rights' or 'rights-based' analysis. Rights analysis seeks to develop an understanding of private law obligations that is driven, primarily or exclusively, by the recognition of the rights we have against each other, rather than by other influences on private law, such as the pursuit of community welfare goals. Notions of rights are also assuming greater importance in private law in other respects. Human rights instruments are having an increasing influence on private law doctrines. And in the law of unjust enrichment, an important debate has recently begun on the relationship between restitution of rights and restitution of value. This collection is a significant contribution to debate about the role of rights in private law. It includes essays by leading private law scholars addressing fundamental questions about the role of rights in private law as a whole and within particular areas of private law. The collection includes contributions by advocates and critics of rights-based approaches and provides a thorough and balanced analysis of the relationship between rights and private law.

Despite the centrality of the contributory negligence doctrine in practice, almost nothing is known about how it functions in reality. The authors, seeking to fill this deficit in understanding, have undertaken a wide-ranging empirical study of how the doctrine is handled by the courts. They report their methodology and findings in this volume, framing their discussion within the law of contributory negligence. The study is based on 572 first instance decisions on contributory negligence from across the United Kingdom decided between 2000 and 2016, and 129 appellate decisions handed down in the same period. The analysis considers the operation of the contributory negligence doctrine at first instance and on appeal, and in a range of contextual settings, including road accidents, accidents at work, and professional negligence claims. The authors also consider how the study can be used to inform future developments in this area of law. Substantial appendices set out the key data on which the book is based, enabling academics to utilize the dataset in their own research and allowing practitioners to compare their cases easily with previously decided claims.

This book provides a counter-balance to the traditional focus on judicial decisions by exploring the contribution of legal scholars to the development of private law. In the book the work of a selection of leading scholars of contract law from across the common law world, ranging from Sir Jeffrey Gilbert (1674-1726) to Professor Brian Coote (1929-2019), is addressed by legal historians and current scholars in the field. The focus is on the nature of the work produced by the scholars in question, important influences on their work, and the impact which that work in turn had on thinking about contract law. The book also includes an introductory chapter and an afterword by Professor William Twining that explore connections between the scholars and recurrent themes. The process of subjecting contract law scholarship to sustained analysis provides new insights into the intellectual development of contract law and reveals the central role played by scholars in that process. And by focusing attention on the work of influential contract scholars, the book serves to emphasise the importance of legal scholarship to the development of the common law more generally.

This book takes a socio-legal approach and provides a rich and thorough understanding of tort law. Each section begins with a clear overview of the law, followed by illustrative extracts from case law and from government reports and scholarly literature, which are supported by explanation and analysis. This seventh edition has been brought completely up to date by Ken Oliphant and Donal Nolan. Digital formats The seventh edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. · The e-book offers a mobile experience and convenient access along with functionality tools and navigation features: www.oxfordtextbooks.co.uk/ebooks · All of OUP's tort law textbooks are supported by online resources including bi-annual updates on the latest key developments in tort law, and self-test questions on key topics, with feedback, providing an opportunity for students to test and consolidate their learning.

There are two golden rules for the citation of legal authorities. One is consistency. The other is consideration for the reader. Legal writing is more persuasive when the author refers to legal materials in a clear, consistent and familiar way. The Oxford University Standard for Citation of Legal Authorities (OSCOLA) helps authors to achieve consistency in citing cases, legislation and secondary sources. And it helps authors to make life easier for their readers. OSCOLA is widely used by law schools and legal publishers both in the United Kingdom and abroad. This latest revision of OSCOLA (the fourth edition) is the first to be published in hard copy, and provides more detailed coverage of both primary and secondary legal sources. The editors are Donal Nolan and Sandra Meredith. Shortlisted for the Halsbury Legal Awards 2013 in the Award for Academic Contribution category.

The doctrine of contributory negligence, which is a cornerstone of private law, is very frequently invoked in practice and also raises a host of pressing theoretical issues. This volume provides legal practitioners and scholars with a clear and comprehensive exposition of the legal principles governing contributory negligence alongside an empirically informed analysis of the way in which the doctrine operates in various recurrent factual scenarios. The doctrinal analysis is supplemented by a consideration of the historical antecedents of the relevant principles and their normative underpinnings. Central to the book are six chapters in which the authors provide an introductory overview of the doctrine; and then proceed to consider its scope; when a finding of contributory negligence will be made; the consequences of such a finding; the relationship between the doctrine and other rules; and matters relating to procedure and appeals. A detailed appendix sets out the discounts imposed for contributory negligence in a range of frequently occurring situations. Although the focus is on the position in the United Kingdom, account is also taken of the case law and literature in several other common law jurisdictions.

The publication of Scholars of Tort Law marks the beginning of a long overdue rebalancing of private law scholarship. Instead of concentrating on judicial decisions and academic commentary only for what that commentary says about judicial decisions, the book explores the contributions of scholars of tort law in their own right. The work of a selection of leading scholars of tort law from across the common law world, ranging from Thomas Cooley (1824-1898) to Patrick Atiyah (1931-2018), is addressed by eminent current scholars in the field. The focus of the contributions is on the nature of the work produced by each of the scholars in question, important influences on their work, and the influence which that work in turn had on thinking about tort law. The process of subjecting tort law scholarship to sustained analysis provides new insights into the intellectual development of tort law and reveals the important role played by scholars in that development. By focusing on the work of influential tort scholars, the book serves to emphasise the importance of legal scholarship to the development of the common law more generally.

This collection is a significant contribution to debate about the role of rights in private law. It includes essays by leading private law scholars addressing fundamental questions about the role of rights in private law as a whole and within particular areas of private law. The collection includes contributions by advocates and critics of rights-based approaches and provides a thorough and balanced analysis of the relationship between rights and private law.

The publication of Scholars of Tort Law marks the beginning of a long overdue rebalancing of private law scholarship. Instead of concentrating on judicial decisions and academic commentary only for what that commentary says about judicial decisions, the book explores the contributions of scholars of tort law in their own right. The work of a selection of leading scholars of tort law from across the common law world, ranging from Thomas Cooley (1824-1898) to Patrick Atiyah (1931-2018), is addressed by eminent current scholars in the field. The focus of the contributions is on the nature of the work produced by each of the scholars in question, important influences on their work, and the influence which that work in turn had on thinking about tort law. The process of subjecting tort law scholarship to sustained analysis provides new insights into the intellectual development of tort law and reveals the important role played by scholars in that development. By focusing on the work of influential tort scholars, the book serves to emphasise the importance of legal scholarship to the development of the common law more generally.

In this collection, one of the key commentators on the modern law of tort presents 12 of his most important articles and book chapters. These are accompanied by an introductory chapter in which the author comments on the impact and reception of the pieces that make up the collection, and by a provocative new essay in which he argues against strict product liability in the law of tort. A coherent and compelling exploration of topical issues in core areas of tort law, the collection is divided into 3 parts, dealing with negligence; nuisance and Rylands v Fletcher; and tort in general. The essays in this collection are a significant contribution to debates about the limits and scope of tortious liability in common law systems. Students, scholars and practitioners alike will find it an invaluable resource for understanding tort law in the early 21st century.