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The Common Law of Obligations: Divergence and Unity

The Common Law of Obligations: Divergence and Unity

Hardcover

General Law

ISBN10: 1782256563
ISBN13: 9781782256564
Publisher: Hart Publishing
Published: Mar 17 2016
Pages: 376
Weight: 1.75
Height: 1.30 Width: 6.70 Depth: 9.70
Language: English

The development of the law of obligations across the common law world has been, and continues to be, a story of unity and divergence. Its common origins continue to exert a powerful stabilising influence, carried forward by a methodology that places heavy weight on the historical foundations of legal principles. Divergence is, however, produced by numerous factors, including national and international human rights instruments, local statutory regimes, civil law influences, regional harmonisation, local circumstances and values and different political and legal cultures. The essays in this collection explore the forces that produce divergence, the countervailing forces that generate cohesion and consistency in the common law of obligations, and the influence that the major common law jurisdictions continue to exert over one another in this area of law.

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