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This book is a study of doctrinal and methodological divergence in
the common law of obligations. It explores particular departures
from the common law mainstream and the causes and effects of those
departures. Some divergences can be justified on the basis of a
need to adapt the common law of contract, torts, equity and
restitution to local circumstances, or to bring them into
conformity with local values. More commonly, however, doctrinal or
methodological divergence simply reflects different approaches to
common problems, or different views as to what justice or policy
requires in particular circumstances. In some instances divergent
methodologies lead to substantially the same results, while in
others particular causes of action, defences, immunities or
remedies recognised in one jurisdiction but not another undoubtedly
produce different outcomes. Such cases raise interesting questions
as to whether ultimate appellate courts should be slow to abandon
principles that remain well accepted throughout the common law
world, or cautious about taking a uniquely divergent path. The
chapters in this book were originally presented at the Seventh
Biennial Conference on the Law of Obligations held in Hong Kong in
July 2014. A separate collection, entitled The Common Law of
Obligations: Divergence and Unity (ISBN: 9781782256564), is also
being published.
The development of the law of obligations across the common law
world has been, and continues to be, a story of unity and
divergence. Its common origins continue to exert a powerful
stabilising influence, carried forward by a methodology that places
heavy weight on the historical foundations of legal principles.
Divergence is, however, produced by numerous factors, including
national and international human rights instruments, local
statutory regimes, civil law influences, regional harmonisation,
local circumstances and values and different political and legal
cultures. The essays in this collection explore the forces that
produce divergence, the countervailing forces that generate
cohesion and consistency in the common law of obligations, and the
influence that the major common law jurisdictions continue to exert
over one another in this area of law. The chapters in this book
were originally presented at the Seventh Biennial Conference on the
Law of Obligations held in Hong Kong in July 2014. A second
collection, entitled Divergences in Private Law (ISBN:
9781782256601), will focus on particular departures from the common
law mainstream and the causes and effects of those deviations.
This book is a study of doctrinal and methodological divergence in
the common law of obligations. It explores particular departures
from the common law mainstream and the causes and effects of those
departures. Some divergences can be justified on the basis of a
need to adapt the common law of contract, torts, equity and
restitution to local circumstances, or to bring them into
conformity with local values. More commonly, however, doctrinal or
methodological divergence simply reflects different approaches to
common problems, or different views as to what justice or policy
requires in particular circumstances. In some instances divergent
methodologies lead to substantially the same results, while in
others particular causes of action, defences, immunities or
remedies recognised in one jurisdiction but not another undoubtedly
produce different outcomes. Such cases raise interesting questions
as to whether ultimate appellate courts should be slow to abandon
principles that remain well accepted throughout the common law
world, or cautious about taking a uniquely divergent path. The
chapters in this book were originally presented at the Seventh
Biennial Conference on the Law of Obligations held in Hong Kong in
July 2014. A separate collection, entitled The Common Law of
Obligations: Divergence and Unity (ISBN: 9781782256564), is also
being published.
The development of the law of obligations across the common law
world has been, and continues to be, a story of unity and
divergence. Its common origins continue to exert a powerful
stabilising influence, carried forward by a methodology that places
heavy weight on the historical foundations of legal principles.
Divergence is, however, produced by numerous factors, including
national and international human rights instruments, local
statutory regimes, civil law influences, regional harmonisation,
local circumstances and values and different political and legal
cultures. The essays in this collection explore the forces that
produce divergence, the countervailing forces that generate
cohesion and consistency in the common law of obligations, and the
influence that the major common law jurisdictions continue to exert
over one another in this area of law. The chapters in this book
were originally presented at the Seventh Biennial Conference on the
Law of Obligations held in Hong Kong in July 2014. A second
collection, entitled Divergences in Private Law (ISBN:
9781782256601), will focus on particular departures from the common
law mainstream and the causes and effects of those deviations.
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