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The Law of Obligations
Essays in Celebration of John Fleming

Edited by Peter Cane and Jane Stapleton

Price: £70.00 (hardback)
ISBN-13: 978-0-19-826484-2
Publication date: 26 November 1998
474 pages, frontispiece, 234x156 mm
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Reviews
  • 'This excellent collection of essays in honour of John Fleming reflects both his international influence in several legal systems, and also his personal influence as a communicator, teacher and legal problem-solver ... throughout the text, this collection manages (like the scholar it honours) to combine the examination of broad general principles and policies, drawing on several legal categories and systems to see problems in their grand context, whilst at the same time exploring those same problems with a sharp eye for individual detail and nuance ... a thoroughly scholarly and absorbing collection. It is good value - more comprehensive than many other collections of similar price - and can be recommended as a worthy tribute to "the doyen of tort writers".' - Janet O'Sullivan, The Cambridge Law Journal 1999
  • 'This Festschrift is a worthy tribute to the towering contribution of Fleming to legal scholarship ... The volume is a valuable contribution to the analysis of contemporary tort problems. It will be of great interest to scholars, advocates and judges throughout the common law jursidictions, and also in European countries.' - Johan Steyn, Law Quarterly Review, October 1999

Description
  • This book's focus is the comparative law of obligations - a field of research that continues to flourish
  • The contributors include some of the most distinguished academics and common law judges from around the world
  • Includes a full bibliography of Fleming's published work
The late John Fleming, emeritus Professor of Law in the University of California at Berkeley, was the pre-eminent torts lawyer of the age; his Law of Torts has influenced generations of students and scholars, and remains a classic of legal literature.

In this volume, distinguished academics and judges from around the world pay tribute to him in a collection of essays which range widely across tort law, legal theory, legal history and comparative law. Topics discussed include: tort and human rights; the duty of care in negligence; codification of the law of obligations in Europe; the basis of strict liability in particular and of responsibility generally in tort law; and aspects of products liability.

These stimulating essays have much to say about the past, present and future of the law of obligations and will be of great interest to scholars and lawyers of all legal systems.

From the editors' preface

John Fleming was one of the most influential writers on the law of torts and comparative law in the English-speaking world this century. His towering contribution to scholarship is evidenced not only by the great prestige his work attracts in academic circles but also by the frequency and high respect with which his work is cited by judges in appellate courts of many jurisdictions. The authors of this collection of essays on the law of obligations intend it as a tribute to his achievements.

Readership: Academic and practicing lawyers, and members of the judiciary, interested in the law of torts and in the comparative law of obligations.

Contents
An Appreciation of John Fleming , Professor Stephen D Sugarman
Human Rights
Tort and Human Rights , Lord Bingham of Cornhill
Human Rights and the Law of Torts , Sir Anthony Mason
Aspects of Negligence
The Right of Spring , Lord Cooke of Thorndon
Duty of Care Factors: a Selection from the Judicial Menus , Professor Jane Stapleton
The Staggering March of Negligence , Tony Weir
Theoretical Perspectives
Retribution, Proportionality and Moral Luck in Tort Law , Professor Peter Cane
Responsibility in Crime, Tort and Contract for the Unforeseeable Consequences of an Intentional Wrong: A Once and Future Rule? , Professor James Gordley
Rylands v Fletcher , Negligence and Strict Liability , Professor Gary T Schwartz
A European Perspective
Towards a European Civil Code: The Duty of Good Faith , Professor Hein Kötz
Reading Through a Foreign Judgment , Professor Basil Markesinis
Quieta Movere : Interpretative Change in a Codified System , Professor Reinhard Zimmerman and Nils Jansen
Product Liability
Some Thoughts about International Product Liability , Professor Werner Lorenz
The Smoking War and the Role of Tort Law , Professor Stephen D. Sugarman
Delivering Compensation
Traffic Accidents Compensation under Tort Law and under a Specific Law , Professor André Tunc
The Collateral Source Rule Thirty Years On , Professor Harold Luntz
A Bibliography of the Publications of John Gunther Fleming

Authors, editors, and contributors


Edited by Peter Cane and
Jane Stapleton, both Professors of Law, Law Program, Research School of Social Sciences, Australian National University, Canberra


Links to web resources and related information
More in the same subject area:
English law: torts
Torts / delicts
Contract law
English law: contract law

The specification in this catalogue, including without limitation price, format, extent, number of illustrations, and month of publication, was as accurate as possible at the time the catalogue was compiled. Occasionally, due to the nature of some contractual restrictions, we are unable to ship a specific product to a particular territory. Jacket images are provisional and liable to change before publication.

 
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