The Law of Obligations

Essays in Celebration of John Fleming
Erscheinungsjahr 1998
ISBN: 978-0-19-826484-2
Verlag: OUP Oxford

Buch, Englisch, 350 Seiten, Format (B × H): 157 mm x 235 mm, Gewicht: 911 g

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.

Autoren/Hrsg.

Fleming, John G.

Cane, Peter

Stapleton, Jane

Fachgebiete

• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein

Inhaltsverzeichnis

- An Appreciation of John Fleming

- Human Rights

- Tort and Human Rights

- Human Rights and the Law of Torts

- Aspects of Negligence

- The Right of Spring

- Duty of Care Factors: a Selection from the Judicial Menus

- The Staggering March of Negligence

- Theoretical Perspectives

- Retribution, Proportionality and Moral Luck in Tort Law

- Responsibility in Crime, Tort and Contract for the Unforeseeable Consequences of an Intentional Wrong: A Once and Future Rule?

- Rylands v Fletcher, Negligence and Strict Liability

- A European Perspective

- Towards a European Civil Code: The Duty of Good Faith

- Reading Through a Foreign Judgment

- Quieta Movere: Interpretative Change in a Codified System

- Product Liability

- Some Thoughts about International Product Liability

- The Smoking War and the Role of Tort Law

- Delivering Compensation

- Traffic Accidents Compensation under Tort Law and under a Specific Law

- The Collateral Source Rule Thirty Years On

- A Bibliography of the Publications of John Gunther Fleming

Über Autor(innen)

Peter Cane was, until 1997, a fellow of Corpus Christi College, Oxford. He is now a Professor of Law in the Research School of Social Sciences at the Australian National University.

Jane Stapleton was, until 1997, a fellow of Balliol College, Oxford. She is now a Professor of Law in the Research School of Social Sciences at the Australian National University.