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Mapping the Law – Essays in Memory of Peter Birks - Oxford Scholarship Online
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Mapping the Law: Essays in Memory of Peter Birks

Andrew Burrows and Alan Rodger

Abstract

This collection of essays celebrates the life and work of Peter Birks, who was Regius Professor of Civil Law at the University of Oxford, and Fellow of All Souls College. Widely known as one of the most prolific legal scholars for over twenty years, his contribution to English obligations law is legendary. He was Founder of the Clarendon Law Lectures, editor of the Clarendon Law Series, editor of the Oxford English Law Series, and author of several works on the English law of restitution, comparative restitution, and unjust enrichment. The works in this volume cover a wide range of topics of i ... More

Keywords: Peter Birks, obligations law, law of restitution, comparative restitution, unjust enrichment, legal scholar, Clarendon Law Lectures, Clarendon Law Series, Oxford English Law Series

Bibliographic Information

Print publication date: 2006 Print ISBN-13: 9780199206551
Published to Oxford Scholarship Online: January 2009 DOI:10.1093/acprof:oso/9780199206551.001.0001

Authors

Affiliations are at time of print publication.

Andrew Burrows, editor
Norton Rose Professor of Financial and Commercial Law, and Fellow of St Hughes College, Oxford
Author Webpage

Alan Rodger, editor
Lord Rodger of Earlsferry, Lord of Appeal in Ordinary, Fellow of the British Academy, President of the Expert Witness Institute, and Honourary Professor of Law at the Universities of Aberdeen and Glasgow.

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Contents

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Front Matter

Title Pages

Biographical Outline of Peter Birks 1941–2004

Addresses given at the Memorial Service for Peter Birks on 20 November 2004 in the University Church of St Mary the Virgin, Oxford

Foreword

Acknowledgments

Table of Cases

Table of Legislation

Roman Law

List of Contributors

Introduction

Andrew Burrows, and Alan Rodger

PART I THE ENGLISH LAW OF UNJUST ENRICHMENT AND RESTITUTION

1 The Evolution of the Species

Francis Rose

2 Absence of Basis: The New Birksian Scheme

Andrew Burrows

3 Three Enrichment Issues

Robert Stevens

4 Some Thoughts on Change of Position

Gareth Jones

5 The Role of Fault in the Law of Restitution

Graham Virgo

6 Subrogation: Persistent Misunderstandings

Charles Mitchell

7 Tracing

Lionel Smith

8 Gain-Based Damages and Compensation

James Edelman

9 Unlawful Statutes and Mistake of Law: Is There a Smile on the Face of Schrödinger's Cat?

Jack Beatson

10 The Further Travails of Duress

Ewan McKendrick

11 Undue Influence: Beyond Impaired Consent and Wrongdoing towards a Relational Analysis

Mindy Chen-Wishart

12 Unjust Enrichment, Discharge for Breach, and the Primacy of Contract

Gerard McMeel

13 Resulting Trusts

Robert Chambers

14 Jones v Jones: Property or Unjust Enrichment?

Peter Millett

15 Unjust Delivery

William Swadling

16 The Avoidance of Transactions in Insolvency Proceedings and Restitutionary Defences

Roy Goode

PART II THE COMPARATIVE LAW OF UNJUST ENRICHMENT AND RESTITUTION

17 Restitution after Termination for Breach of Contract: German Law after the Reform of 2002

Reinhard Zimmermann

18 No Basis: A Comparative View

Sonja Meier

19 Unjust Enrichment as Absence of Basis: Can English Law Cope?

Gerhard Dannemann

20 The Fallacy of ‘Restitution for Wrongs’

Thomas Krebs

21 Peter Birks and Scots Enrichment Law

Hector MacQueen

PART III ROMAN LAW

22 What did Damnum Iniuria Actually Mean?

Alan Rodger

23 The Romanization of Spain: The Contribution of City Laws in the Light of the Lex Irnitana

Joseph Georg Wolf

24 Absent Parties and Bloody-Minded Judges

Ernest Metzger

25 ‘You Never Can Tell with Bees’: Good Advice from Pooh for Students of the Lex Aquilia

Arianna Pretto-Sakmann

26 Late Arrivals: The Appendix in Justinian's Digest Reconsidered

Tony Honoré

27 Logic and Experience in Roman Law

David Johnston

28 Unjust Enrichment: The Tenant's Tale

Eltjo Schrage

Part IV Legal History

29 Bezoar-Stones, Gall-Stones, and Gem-Stones: A Chapter in the History of the Tort of Deceit

John Baker

30 Denials Ancient and Modern, with some Roman Footnotes

Jeffrey Hackney

31 Rumford Market and the Genesis of Fiduciary Obligations

Joshua Getzler

32 Slavery and the Roman Law of Evidence in Eighteenth-Century Scotland

John W Cairns

33 Sir William Jones and the Nature of Law

David Ibbetson

End Matter

The Publications of Peter Birks 1969–2005

Index