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This volume explores the relationship between form and substance in the law of obligations. It builds on the rich tradition of legal thought that deploys the concepts of form and substance to inform our understanding of the common law. The essays in this collection offer multiple conceptions of form and substance and cover an array of private law subjects, scholarly approaches and jurisdictions. The collection makes it clear that the interplay between form and substance is a key element of the dynamism that characterises this area of the law.
1. Between Form and Substance Andrew Robertson and James Goudkamp 2. Form and Substance: Fictions and Judicial Power Andrew Burrows 3. 'Substance Over Form': Has the Pendulum Swung Too Far? Birke Hacker 4. Form, Substance and Recharacterisation Pey-Woan Lee 5. In Defence of Formalism William Swadling 6. Private Law and the Form of Reasons Robert Stevens 7. The Formality of Contractual Obligation Liam Murphy 8. Two Forms of Formalism Dan Priel 9. Form and Substance in Equity Ben McFarlane 10. Modern Equity - At the Edge of Formal Reasoning? Man Yip 11. The Form and Substance of Equitable Estoppel Andrew Robertson 12. Trends in Tort Law: Bad Form and Addictive Substance? James Lee 13. Form and Substance in the Tort of Deceit Jason W Neyers 14. Form and Substance in the Law of Punitive Damages James Goudkamp and Eleni Katsampouka 15. Statute Law in the Law of Obligations: Dimensions of Form and Substance Mark Leeming 16. Interpretive Formalism in the Law of Obligations: Thirty Years after Form and Substance Ben Chen and Jeff Gordon 17. Misrepresentation, Misleading Conduct and Statute through the Lens of Form and Substance Jeannie Marie Paterson and Elise Bant 18. Form and Substance: Three Observations on the State of Debate Kit Barker
Author(s) | Edited by Professor Andrew Robertson, Dr James Goudkamp. |
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Publisher | Bloomsbury Publishing PLC |
ISBN | 9781509929450 |
Format | Hardback |
Pages | 504 |
Published in | United Kingdom |
Published | 28 Nov 2019 |
Availability | Available |
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