- Title Pages
- Preface
- <i>Table of Cases</i>
- <i>Abbreviations</i>
- <i>Table of Regnal Years</i>
- Prologue: The Prehistory of the English Law of Obligations
- Part One. Form and Substance in Medieval Law
- 1. Structural Foundations
- 2. Unity and Fragmentation of the Medieval Law of Contract
- 3. Trespass, Trespass on the Case, and the Medieval Law of Tort
- 4. The Substantive Law of Torts
- 5. The Substantive Law of Contract
- Part Two. The Triumph of Trespass on the Case
- 6. Tort, Property, and Reputation: The Expansion of the Action on the Case
- 7. The Rise of the Action of Assumpsit
- Part Three. The Modern Law of Tort and Contract
- 8. Trespass, Case, and the Moral Basis of Liability
- 9. The Law of Torts in the Nineteenth Century: The Rise of the Tort of Negligence
- 10. The Law of Torts in the Twentieth Century: Expansion and Collapse of the Tort of Negligence
- 11. Foundations of the Modern Law of Contract
- 12. The Rise of the Will Theory
- 13. The Decline of the Will Theory: Legal Regulation and Contractual Fairness
- 14. Unjust Enrichment
- 15. Legal Change and Legal Continuity
- Index
Prologue: The Prehistory of the English Law of Obligations
Prologue: The Prehistory of the English Law of Obligations
- Chapter:
- (p.1) Prologue: The Prehistory of the English Law of Obligations
- Source:
- A Historical Introduction to the Law of Obligations
- Author(s):
D. J. IBBETSON
- Publisher:
- Oxford University Press
The Common law of obligations grew out of the intermingling of native ideas and sophisticated Roman learning. The friction between them was a prime force for legal change, and has remained so right up to the present. This chapter identifies these basic building blocks. Topics discussed include prevailing ideas about the legal system in medieval Europe and obligations in Roman law.
Keywords: Common law of obligations, Roman law, legal system, medieval Europe
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- Title Pages
- Preface
- <i>Table of Cases</i>
- <i>Abbreviations</i>
- <i>Table of Regnal Years</i>
- Prologue: The Prehistory of the English Law of Obligations
- Part One. Form and Substance in Medieval Law
- 1. Structural Foundations
- 2. Unity and Fragmentation of the Medieval Law of Contract
- 3. Trespass, Trespass on the Case, and the Medieval Law of Tort
- 4. The Substantive Law of Torts
- 5. The Substantive Law of Contract
- Part Two. The Triumph of Trespass on the Case
- 6. Tort, Property, and Reputation: The Expansion of the Action on the Case
- 7. The Rise of the Action of Assumpsit
- Part Three. The Modern Law of Tort and Contract
- 8. Trespass, Case, and the Moral Basis of Liability
- 9. The Law of Torts in the Nineteenth Century: The Rise of the Tort of Negligence
- 10. The Law of Torts in the Twentieth Century: Expansion and Collapse of the Tort of Negligence
- 11. Foundations of the Modern Law of Contract
- 12. The Rise of the Will Theory
- 13. The Decline of the Will Theory: Legal Regulation and Contractual Fairness
- 14. Unjust Enrichment
- 15. Legal Change and Legal Continuity
- Index
