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Item Details
Title: LEGISLATION AND REFORM IN THE LAW OF OBLIGATIONS
By: James Lee
Format: Hardback

List price: £70.00
Our price: £67.90
Discount:
3% off
You save: £2.10
ISBN 10: 1849463182
ISBN 13: 9781849463188
Availability: Not yet published. (You may still order this item, and we will dispatch your order as soon as it becomes available.)
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Stock: Currently 0 available
Publisher: BLOOMSBURY PUBLISHING PLC
Pub. date: 6 July, 2015
Series: Hart Studies in Private Law
Pages: 244
Description: This book presents a study of the ways in which legislation shapes and develops the law of obligations.
Synopsis: This book presents a study of the ways in which legislation shapes and develops the law of obligations in the law in England and Wales and Australia. It offers a comparative account of the experiences of the Australian States under the various Civil Liability Acts, contrasted with the more incremental (but still problematic) legislative approach in England, with the examples of the Compensation Act 2006 and the Social Action, Responsibility and Heroism Act 2015. Incidental changes to the law of obligations through policy-based legislation like the Consumer Rights Act 2015 are also examined. The book addresses particular questions such as the application of limitations statutes, the scope of purportedly exclusive legislative schemes and the question of when a change in the law of obligations ought to be left to the legislature. The latest decisions of the High Court of Australia and the United Kingdom Supreme Court on these issues are scrutinised. Developing a coherence-based approach, the book argues that the processes of legislation ought to involve more faithful engagement with the applicable principles than is often the case.The conclusion is that respect for coherence is not merely a matter of doctrinal purity, but also translates into more effective legislation.
Publication: UK
Imprint: Hart Publishing
Returns: Returnable
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